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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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THE ARROYO JUDGMENT 4: DON'T MAKE ALLEGATIONS OF LYING IF YOU HAVEN'T PUT THEM TO THE WITNESS

August 1, 2016 · by gexall · in Civil evidence, Civil Procedure, Uncategorized, Witness statements

The previous posts* on the Arroyo judgment have concentrated, for the most part, on the judge’s criticisms of the evidence of the claimant.  However there is one short passage which illustrates an important principle of litigation – a party cannot…

DEFENDANT COUNTERCLAIMING EXEMPLARY DAMAGES AGAINST FRAUDULENT CLAIMANTS: AN INTERESTING REPORT

September 25, 2015 · by gexall · in Civil Procedure, Conduct, Costs, Uncategorized

There is a report in the DWF update section of the case of Akhtar & Khan -v- Ball, a decision of HHJ Gregory on 10.7.15. It raises an interesting issue in relation to a counterclaim by a defendant faced with…

THINKING OF ALLEGING OR PLEADING FRAUD: BETTER READ THIS FIRST

July 23, 2015 · by gexall · in Civil evidence, Civil Procedure, Statements of Case

In NGM Sustainable Developments Ltd -v- Wallis [2015] EWHC 2089 (Ch) Mr Justice Peter Smith highlighted the importance of full and accurate pleading of a case alleging fraud. “…in commercial matters the parties and their lawyers tend to work long…

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