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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Negligence
THE 10 YEAR LONGSTOP PERIOD IN PRODUCT LIABILITY CLAIMS: A POINT TO WATCH

THE 10 YEAR LONGSTOP PERIOD IN PRODUCT LIABILITY CLAIMS: A POINT TO WATCH

August 12, 2022 · by gexall · in Avoiding negligence claims, Limitation, Members Content, Personal Injury

There is one very tricky area of limitation law that I wanted to return to following the judgment in Coote -v- Ullstein [2022] EWHC 606 (QB). The case was looked at in detail here.  However I want to concentrate on the…

NO DUTY OF CARE OWED BY A JOINTLY INSTRUCTED EXPERT (ON THE FACTS OF THIS CASE): EXPERTS GIVING EVIDENCE ABOUT BEING EXPERTS: MUCH TO READ HERE

NO DUTY OF CARE OWED BY A JOINTLY INSTRUCTED EXPERT (ON THE FACTS OF THIS CASE): EXPERTS GIVING EVIDENCE ABOUT BEING EXPERTS: MUCH TO READ HERE

January 27, 2022 · by gexall · in Credibility of experts, Expert evidence, Experts, Members Content

The judgment of Mrs Justice Lambert in Radia v Marks [2022] EWHC 145 (QB) is essential reading for anyone who instructs experts in litigation. It is also essential reading for experts.  The judge dismissed a claim in negligence against a…

PROVING THINGS 80: PROVING A SUBROGATED CLAIM: HEALTH INSURANCE COSTS NOT RECOVERED IN FULL

PROVING THINGS 80: PROVING A SUBROGATED CLAIM: HEALTH INSURANCE COSTS NOT RECOVERED IN FULL

December 10, 2017 · by gexall · in Clinical Negligence, Damages, Members Content

It is not uncommon for an insurer to seek to add a claim for outlay to a claim.  This is particularly the case in relation to health insurers who seek to recover outlay in a claim for damages for personal…

MYTHS ABOUT LIMITATION 1: IN A BREACH OF CONTRACT CASE THE LIMITATION PERIOD IS ALWAYS SIX YEARS

MYTHS ABOUT LIMITATION 1: IN A BREACH OF CONTRACT CASE THE LIMITATION PERIOD IS ALWAYS SIX YEARS

October 14, 2017 · by gexall · in Avoiding negligence claims, Limitation, Members Content

This is the first of a series of short posts about “myths” about limitation that sometimes exist in litigation, in personal injury in particular.  Myth 1 is that if you are bringing a claim based on breach of contract the…

WHAT THEY DON'T TEACH YOU AT LAW SCHOOL IX: IF THEY SAY IT'LL BE "GOOD EXPERIENCE FOR YOU" - WATCH OUT...

WHAT THEY DON’T TEACH YOU AT LAW SCHOOL IX: IF THEY SAY IT’LL BE “GOOD EXPERIENCE FOR YOU” – WATCH OUT…

January 20, 2017 · by gexall · in Avoiding negligence claims, Bundles, Case Management, Civil evidence, Members Content, Useful links

Here we have most (but I can’t guarantee all) of the tweets given on what they don’t teach you at law school. You will see it is an eclectic mix.  The advice given can be world weary but, for the…

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Recent Posts

  • CIVIL EVIDENCE: “BARE ASSERTIONS” ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL “VAGUE AND UNPARTICULARISED” EVIDENCE
  • A REMINDER – DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • AN “EXTERNAL” REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

Top Posts

  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN'T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS
  • A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE
  • BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS' BILLS

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