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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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BANQUO'S GHOST NOT AT THE FEAST: WHEN A KEY WITNESS IS NOT CALLED - THE INFERENCES A COURT WILL DRAW

BANQUO’S GHOST NOT AT THE FEAST: WHEN A KEY WITNESS IS NOT CALLED – THE INFERENCES A COURT WILL DRAW

September 9, 2016 · by gexall · in Civil evidence, Civil Procedure, Members Content, Professional negligence,, Uncategorized, Witness statements

There is an interesting discussion of the role of the “absent witness” in the judgment today of Mr Justice Kerr in O’Hare -v-Coutts & Co [2016] EWHC 2224 (QB). There are dangers in a party not calling someone who is…

LATE APPLICATIONS TO ADJOURN: ABSENT WITNESSES AND CPR 33.4 WHEN A WITNESS IS UNWILLING TO ATTEND

October 27, 2015 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

Mrs Justice Whipple had to consider several preliminary applications in the case of American Express Services Europe Ltd -v- Al-Shabrakah [2015] EWHC 3004 (QB). There are several important observations in relation to applications to adjourn and witness evidence where a…

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