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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Civil evidence » Page 31

FATAL ACCIDENT AND FATAL PLEADINGS: THE NEED TO PLEAD AND PROVE FOREIGN LAW

April 5, 2015 · by gexall · in Applications, Civil evidence, Damages, Members Content, Statements of Case

On the face of it the case of Bianco -v- Bennett [2015] EWHC 626 (QB) is simply a case about fatal accidents. I was going to discuss it solely on the Fatal Accident Blog. On close reading, however, it reveals…

LAY EVIDENCE AND EXPERT EVIDENCE IN CLINICAL NEGLIGENCE: MORE IS NOT ALWAYS BETTER

March 31, 2015 · by gexall · in Civil evidence, Expert evidence, Members Content, Personal Injury

In Wake -v- Johnson [2015] EWHC 276(QB) HH Judge Collender QC (Sitting as Judge of the High Court) conducted a critical analysis of the lay evidence and expert evidence when dismissing a clinical negligence claim against a GP.  There are…

TROUBLESOME BUNDLES YET AGAIN: MR JUSTICE EDER SPEAKS OUT ON WASTEFUL BUNDLES IN THE COMMERCIAL COURT

March 30, 2015 · by gexall · in Applications, Civil Procedure, Members Content

The question of bundles was raised by Mr Justice Eder in Taberna Europe -v- Selskabet [2015] EWHC 871 (Comm).  This is hardly a new complaint and appears across the board in all jurisdictions. (There are now 16 posts on this…

WHY YOUR WITNESS STATEMENTS SHOULD BE MADE IN CHELSEA: MAKING FIRST HAND STATEMENTS AVOIDS PENALTIES

March 28, 2015 · by gexall · in Applications, Civil evidence, Members Content

The post earlier this week in relation to the need for full disclosure on without notice injunctions also highlighted the need for first hand evidence. There are real dangers when a solicitor signs a witness statement. That principle was highlighted…

SOLICITOR FOUND TO HAVE DELIBERATELY MISLED THE COURT: BOREH -v- DJIBOUTI

March 23, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

In Boreh -v- Republic of Djibouti [2015] EWHC 769 (Comm) Mr Justice Flaux made a clear and unequivocal finding that a solicitor had deliberately misled the court. This led to the setting aside of the injunction that the clients had…

DECIDING CASES ON PAPER: WOODLANDS, EVIDENCE & DECIDING CASES "ONLINE"

February 24, 2015 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements, Written advocacy

The decision in Woodland -v- Maxwell looked at in an earlier blog is interesting because it is one of the rare cases where the Court of Appeal carried out a (brief) analysis of the evidence in the case more than…

WITHDRAWING FROM ADMISSIONS, MISTAKES AND THE DENTON PRINCIPLES

February 16, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

There is a report on Lawtel of the decision of Judge Bidder QC in Moore -v- Worcestershire Acute Hospitals NHS Trust [12/02/15].* This case demonstrates some of the difficult issues in relation to the law of withdrawing from admissions. THE…

THE MITCHELL JUDGMENT 3: WHY MR MITCHELL WASN'T TELLING LIES AND P.C. ROWLAND WAS TELLING THE TRUTH

December 6, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Uncategorized, Witness statements

This blog has  looked at the fact finding process in the Mitchell judgment several times already.  Here I want to look at the issue of the “truth”. This is an issue that has wider implications for those involved in the…

INDEMNITY COSTS, COSTS BUDGETING AND WITNESS STATEMENTS:INTERVIEW ON KELLIE -v- LLOYD

September 18, 2014 · by gexall · in Applications, Costs, Costs budgeting, Members Content, Useful links, Witness statements

There is a feature on the Lexis Nexis Dispute Resolution Blog where I answer questions about the implications of the judgment in Kellie and another v Wheatley & Lloyd Architects Ltd [2014] EWHC 2886 (TCC), [2014] All ER (D) 152 (Aug)…

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