"PLEADINGS AND EVIDENCE SERVE QUITE DIFFERENT PURPOSES": THE NEED FOR CLAIMANTS TO PLEAD THEIR CASE WHEN APPLYING FOR AN INJUNCTION

“PLEADINGS AND EVIDENCE SERVE QUITE DIFFERENT PURPOSES”: THE NEED FOR CLAIMANTS TO PLEAD THEIR CASE WHEN APPLYING FOR AN INJUNCTION

October 21, 2025 · by · in Applications, Civil evidence, Civil Procedure, Injunctions, Members Content, Statements of Case

We are looking at a case that deals with two issues: (i) the practice of seeking an injunction without having first issued proceedings; (ii) the desirability of a party seeking an injunction to put a fully pleaded case before the…

MAZUR MATTERS 24: WHAT IS MEANT BY THE "CONDUCT OF LITIGATION" (5): THE MEANING OF "COURT" AND WHAT ACTIVITIES ARE NOT COVERED BY ACT

MAZUR MATTERS 24: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION” (5): THE MEANING OF “COURT” AND WHAT ACTIVITIES ARE NOT COVERED BY ACT

October 21, 2025 · by · in Applications, Civil Procedure, Conduct, Members Content

Here we continue with the examination of what is meant by the “conduct litigation” by looking at the Statute and Law Society Guidance as to the meaning of “court”. This extends to some, but not all, tribunals. (Some courts are…

EXPERT WATCH 21: THE EXPERT WHO FAILED TO CONSIDER NEW EVIDENCE IN SUFFICIENT DETAIL AND "WHO WAS NOT PARTICULARLY OPEN TO RECONSIDERING HIS OPINION"

EXPERT WATCH 21: THE EXPERT WHO FAILED TO CONSIDER NEW EVIDENCE IN SUFFICIENT DETAIL AND “WHO WAS NOT PARTICULARLY OPEN TO RECONSIDERING HIS OPINION”

October 21, 2025 · by · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Personal Injury

Here we look at a judgment about medical evidence in a personal injury action. The issue was one of causation – whether an earlier injury to the claimant’s leg “caused” a later decision to have that leg amputated.  The critique…