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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"SADLY, THIS IS AN ALL-TOO-COMMON FAILURE IN WITNESS STATMENTS PROVIDED IN CIVIL LITIGATION"

“SADLY, THIS IS AN ALL-TOO-COMMON FAILURE IN WITNESS STATMENTS PROVIDED IN CIVIL LITIGATION”

December 3, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

The comments of Mr Justice Murray today in Guest Supplies Intl Ltd v South Place Hotel Ltd & Anor [2020] EWHC 3307 (QB) repeat what has been mentioned numerous times on this blog.   “It will perhaps be seen from…

WITNESS EVIDENCE: THE DANGERS OF OPINION EVIDENCE  AND TRYING TO USURP THE ROLE OF THE JUDGE : BACK TO MARSH -v- MINISTRY OF DEFENCE

WITNESS EVIDENCE: THE DANGERS OF OPINION EVIDENCE AND TRYING TO USURP THE ROLE OF THE JUDGE : BACK TO MARSH -v- MINISTRY OF DEFENCE

August 20, 2017 · by gexall · in Civil evidence, Members Content, Witness statements

Anyone considering matters relating to witness evidence and the drafting of statements will be drawn like a moth to the fire to the decision of Lady Justice Thirwall in Marsh -v- Ministry of Justice [2017] EWHC 1040. Once again I am returning…

WHEN THE EVIDENCE OF THE "INDEPENDENT" WITNESS IS NOT ACCEPTED: WHEN WE WILL EVER LEARN?

WHEN THE EVIDENCE OF THE “INDEPENDENT” WITNESS IS NOT ACCEPTED: WHEN WE WILL EVER LEARN?

March 30, 2017 · by gexall · in Appeals, Civil evidence, Members Content, Witness statements

In a case where there are disputed facts a party that has an independent witness usually holds a strong hand.  However in Elson -v- Stilgoe [2017] EWCA Civ 193 today the Court of Appeal upheld a decision where the trial…

WITNESS STATEMENT OF OPINION IS OF NO ASSISTANCE AND WAS NOT ADMITTED

November 17, 2016 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Uncategorized, Witness statements

There is a telling passage in the judgment of Richard Salter QC in St Vincent European General Partner Ltd -v- Robinson [2016] EWHC 2920 (Comm). A statement of bare opinion, with nothing to support it, was not admitted in evidence….

THE RIHANNA CASE AND OPINION EVIDENCE IN WITNESS STATEMENTS: BEEN THERE, DONE THAT GOT THE TEE SHIRT

January 22, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

We should, perhaps, get used to celebrities dominating the law reports. After court fees are increased they will be the only people who will be able to afford litigation in any event.  The case of Robyn Rihanna Fenty -v- Arcadia…

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