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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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HAVE YOU COMPLIED WITH A PEREMPTORY ORDER? A FURTHER HIGH COURT DECISION ON BREACH & SANCTIONS

February 18, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Relief from sanctions, Striking out

 WAHID AND SHADKAM –V- SKANSKA UK PLC AND RIVERSTONE INSURANCE [2014] EWHC 251 (QB) (Mrs Justice Slade DBE). (This case has not yet been reported on Bailli and I will deal with the facts in some detail). THE FACTS This…

MAKE SURE YOUR WITNESS STATEMENT PROVES YOUR CASE

January 26, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Damages, Members Content, Striking out, Witness statements

 The genesis of this article is a tweet earlier today where a solicitor reported that a claim for the cost of hire and storage had been struck out because the witness statement was deficient. “C entire hire, storage & recovery…

SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: REPORT OF FIRST INSTANCE DECISION

January 3, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Second set of proceedings

Searches for “abuse of process and section action” formed more than half of the search terms that brought people to this blog earlier in the week.  It is clear that this is going to be a major subject of litigation…

RELIEF FROM SANCTIONS GRANTED SECOND TIME AROUND: QUITE A TWIST TO THIS TALE?

October 15, 2013 · by gexall · in Civil Procedure, Members Content, Relief from sanctions

The case of Thevarajah –v-Riordan has been reported before at http://civillitigationbrief.wordpress.com/2013/08/13/relief-from-sanctions-a-case-where-relief-was-refused/    when the court refused to grant relief from sanctions where the defendant had failed to comply with disclosure obligations.   H… Enjoying this post? Become a Civil Litigation Brief member…

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A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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