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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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MISTAKES AND THE ROAD TRAFFIC PROTOCOL: DOCTRINE OF MISTAKE APPLIED: A WORKING EXAMPLE

MISTAKES AND THE ROAD TRAFFIC PROTOCOL: DOCTRINE OF MISTAKE APPLIED: A WORKING EXAMPLE

March 14, 2023 · by gexall · in Civil Procedure, Members Content, Personal Injury

In Doyle -v- the NFU (St Helens County Court 24th February 2023) Deputy District Judge Murray held that the doctrine of mistake applied to offers made on the Pre-Action Protocol for road traffic accidents. I am grateful to solicitor Jamil…

THE USE OF A SECOND REPORT IN THE LOW VALUE ROAD TRAFFIC PROTOCOL: FAILURE TO DISCLOSE FIRST REPORT TO THE DEFENDANT DID NOT LEAD TO MEDICAL EVIDENCE BEING EXCLUDED

THE USE OF A SECOND REPORT IN THE LOW VALUE ROAD TRAFFIC PROTOCOL: FAILURE TO DISCLOSE FIRST REPORT TO THE DEFENDANT DID NOT LEAD TO MEDICAL EVIDENCE BEING EXCLUDED

February 4, 2022 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content, Personal Injury

I am grateful to barrister Kriti Upadhyay for sending me copies of the judgment of Mrs Justice Foster in Greyson -v- Fuller [2022] EWHC 211 (QB), a copy of which is available here Greyson v Fuller – HC Judgment 3-2-22…

THE DANGER OF ISSUING UNDER PART 8 AND THEN DOING VERY LITTLE: COURT UPHOLDS REFUSAL TO LIFT STAY: ACTION STRUCK OUT

THE DANGER OF ISSUING UNDER PART 8 AND THEN DOING VERY LITTLE: COURT UPHOLDS REFUSAL TO LIFT STAY: ACTION STRUCK OUT

January 12, 2018 · by gexall · in Abuse of Process, Applications, Civil Procedure, Conduct, Members Content, Professional negligence,, Relief from sanctions, RTA Protocol, Sanctions

I am grateful to barrister Richard Whitehall for sending me a copy of the decision of His Honour Judge Pearce in the case of Lyle -v- Allianz Insurance plc (Liverpool CC 21st December 2017). It is a case that illustrates…

SOLICITOR'S AGENT HAS NO RIGHT OF AUDIENCE AT STAGE 3 HEARING: COUNTY COURT DECISION CONSIDERED

September 21, 2016 · by gexall · in Applications, Civil Procedure, Members Content, RTA Protocol, Uncategorized

Who has a right of audience at a Stage 3 hearing? This issue has been considered in the county court and I am grateful to barrister Jonathan Dingle for sending me a copy of the decision of District Judge Peake…

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