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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » September » 26
WHEN CPR 3.10 CAN HELP: PROCEEDINGS HAD BEEN "ISSUED" ALBEIT IMPERFECTLY AND THE SITUATION COULD BE REMEDIED (TO THE CLAIMANT'S DETERIMENT IN THIS CASE)

WHEN CPR 3.10 CAN HELP: PROCEEDINGS HAD BEEN “ISSUED” ALBEIT IMPERFECTLY AND THE SITUATION COULD BE REMEDIED (TO THE CLAIMANT’S DETERIMENT IN THIS CASE)

September 26, 2025 · by gexall · in Applications, Civil Procedure, Members Content

I have written before about the “heavy lifting” that sometimes takes place when practitioners attempt to invoke  CPR 3.10. Here we look at a case where CPR 3.10 was used to condemn a claimant who had used the wrong procedure…

EXPERT WATCH 14: THERE WERE "TOO MANY IMPONDERABLES" TO FORM A VIEW THAT THE INJURIES WOULD HAVE BEEN REDUCED IF A CAR HAD BEEN DRIVEN AT A LOWER SPEED

EXPERT WATCH 14: THERE WERE “TOO MANY IMPONDERABLES” TO FORM A VIEW THAT THE INJURIES WOULD HAVE BEEN REDUCED IF A CAR HAD BEEN DRIVEN AT A LOWER SPEED

September 26, 2025 · by gexall · in Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

The judge in this case considered whether the medical evidence established that driving at a lower speed would have “significantly reduced” the injuries that the claimant suffered.  This is often a difficult matter to prove.   (The evidence on whether…

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