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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 05
PROVING THINGS 289: CLAIMANT FAILS TO ESTABLISH BASIC FACT OF ASBESTOS EXPOSURE

PROVING THINGS 289: CLAIMANT FAILS TO ESTABLISH BASIC FACT OF ASBESTOS EXPOSURE

May 5, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Fatal Accidents, Members Content, Personal Injury, Uncategorized, Witness statements

This is another case that highlights the evidential difficulties of establishing exposure in asbestos cases. The principal victim is often dead, the claimant (usually a widow) cannot give direct evidence of the facts of exposure and the case is reliant…

COST (MEGA) BITES 382: THE AMOUNT WAS "STAGGERING" BUT THE COURT CANNOT INTERFERE WITH AN ARBITRATOR'S AWARD OF $26 MILLION FOR COSTS

COST (MEGA) BITES 382: THE AMOUNT WAS “STAGGERING” BUT THE COURT CANNOT INTERFERE WITH AN ARBITRATOR’S AWARD OF $26 MILLION FOR COSTS

May 5, 2026 · by gexall · in Civil Procedure, Costs, Members Content

Anyone going through a detailed assessment of costs can look ruefully at this judgment about costs in arbitration proceedings. The arbitrator awarded $26 million in costs based on very scant information.  As it turns out the courts had no power…

THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO

THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO

May 5, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Members Content, Statements of Case

There are several matters of interest in this judgment given last Friday. Firstly that allegations of fraudulent conduct were made when those assertions had not been pleaded.  Secondly the judge was critical of the attempt to cross-examine witnesses on the…

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