PROVING THINGS 293: THE CLAIMANT ESTABLISHES CAUSATION IN A CLINICAL NEGLIGENCE CASE: THE JUDGE DID NOT DRAW ADVERSE INFERENCES -AND THIS WAS A SUBMISSION THAT PUT THE DEFENDANT IN SOME JEOPARDY…
This is an interesting case on clinical negligence where judgment was given today. It warrants (and will receive) several posts. Here we look at the trial judge’s rejection of the argument that adverse inferences should be drawn when the claimant…
MEMBER NEWS: RENEWALS ARE GOING THROUGH SMOOTHLY – IF YOU ARE HAVING PROBLEMS THIS MAY HELP
The renewal process has being going through smoothly for most people. There are a few issues. Her we look at renewal notices, some issues with renewal and card payments, upgrading accounts and a reminder that a Corporate Account always…
EXPERT WATCH 52: A REMINDER THAT THE JUDGE REMAINS THE SOLE FINDER OF FACT: (HOWEVER THIS A CASE WHERE THE JUDGE IS HIGHLY COMPLIMENTARY ABOUT SOME OF THE EXPERTS)
Here we look at the judge’s comments on expert evidence arising from a complex case in the Commercial Court. The judgment provides a reminder that experts should not be instructed to comment on matters of fact which are the sole…
THE CURRENT IMPORTANCE OF PLEADINGS 84 : DEFENCE STRUCK OUT “THE SMALL PARTS OF THE PLEADINGS THAT DO ADDRESS THE CLAIMANT’S CARE ARE LIKE TINY ISLANDS LOST IN A VAST OCEAN OF IRRELEVANCE”
This is a case where the judge had no hesitation in striking out both a defence and counterclaim. The counterclaim had no prospect of success, the defence breached every rule and principle relating to statements of case. The judge, helpfully,…
BACK TO BASICS MONDAY: WHEN A RULE OR AN ORDER PRESCRIBES A PAGE LIMIT TO A WITNESS STATEMENT – THEN YOU’D BETTER STICK TO IT: THE COURT IS UNLIKELY TO CONDONE “FORENSIC CHEATING”
Here we are, with no apology, looking at the same case in the earlier post again. The earlier post dealt with the issue of relief from sanction. Here I want to concentrate on the litigant’s deliberate decision to breach the…
RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT “DOES NOT EMBODY A PRINCIPLE OF “BREACH NOW REPENT LATER”
Here we look at a strongly worded judgment where relief from sanctions was refused. A party had exceeded the page limit set by court directions and also served the statement late. The judge dismissed the arguments that the other side…
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