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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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DEBARRED PARTY CANNOT CROSS-EXAMINE AT TRIAL:  WHAT ROLE CAN A DEBARRED PARTY PLAY AT TRIAL?

DEBARRED PARTY CANNOT CROSS-EXAMINE AT TRIAL: WHAT ROLE CAN A DEBARRED PARTY PLAY AT TRIAL?

August 9, 2018 · by gexall · in Applications, Members Content, Peremptory orders, Striking out

In Kliers v Schmerler & Anor [2018] EWHC 1350 (Ch) Mr M H Rosen QC (sitting as a  Deputy High Court Judge) refused the defendant’s application that it be allowed to cross-examine the claimant even after it had been debarred from…

YOU LOST AT TRIAL - YOU ARE NOT GETTING A SECOND GO: THE JUDGMENT IS HAIR TODAY AND WILL NOT BE GONE TOMORROW...

YOU LOST AT TRIAL – YOU ARE NOT GETTING A SECOND GO: THE JUDGMENT IS HAIR TODAY AND WILL NOT BE GONE TOMORROW…

July 20, 2018 · by gexall · in Applications, Civil Procedure, Expert evidence, Experts, Members Content

In  Liqwd Inc & Anor v L’Oreal (UK) Ltd & Anor [2018] EWHC 1845 (Pat) Mr Justice Birss refused a defendant’s application to “reopen the trial and decide one of the issues afresh” taking into account new evidence. “Many litigants, having…

RTA TRIAL FEE RECOVERABLE IF CASE SETTLES AT TRIAL

May 3, 2016 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content, RTA Protocol, Uncategorized

In Mendes -v- Hocthtief (UK) Construction Ltd [2016] EWHC 976 (QB) Mr Justice Coulson decided a point of some importance: is the RTA Protocol brief fee recoverable if a matter settles at trial. “… there are sound policy reasons for…

THE WITNESSES SAY THE OTHER SIDE IS LYING: WHAT DOES THE JUDGE DO? A GORGEOUS BEAUTY CONSIDERED!

September 23, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We have looked before at issues of witness credibility, particularly in relation to the drafting of witness statements. This was an issue considered by Arnold J in Gorgeous Beauty Ltd -v- Liu (and others) [2014] EWHC 2952 (Ch). It provides…

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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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