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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR  ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER

PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER

March 23, 2026 · by gexall · in Access to justice, Civil evidence, Civil Procedure, Clinical Negligence, Damages, Members Content, Personal Injury

There are relatively few judgments in which the law and practice relating to provisional damages are considered in detail. We have such a case here.  Further it is an example of the claimant failing to establish provisional damages in relation…

THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A  PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY

THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY

July 22, 2022 · by gexall · in Applications, Damages, Fatal Accidents, Members Content, Personal Injury

In  Power v Bernard Hastie & Company Ltd & Ors [2022] EWHC 1927 (QB) Mr Justice Johnson held that the estate of a claimant who had obtained a provisional damages order can take advantage of that order.  The order was…

HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE

HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE

November 1, 2020 · by gexall · in Damages, Members Content, Personal Injury

In  Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB) Dan Squires QC (sitting as a Deputy High Court Judge) considered the issue of what discount should be made on an award for pain, suffering and loss of amenity, when…

PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION

PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION

September 19, 2017 · by gexall · in Applications, Damages, Members Content

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the question of whether provisional damages should be awarded in relation to a possible deterioration in a claimant’s psychological condition. The fact that the deterioration was…

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