Author Archives: gexall

THIS BLOG HAS MOVED

All updates for Civil Litigation Brief  will be at the new site  on Civil Litigation Brief . Everything from the old site is on the new site and this site will be shut down down in the near future. All the email subscribers will receive updates from the new site.

We’re on the move…

We’re moving! Over the next couple of days the blog will be moving over onto http://www.civillitigationbrief.com Normal service may be interrupted for a couple of days but I am hoping this will be kept to a minimum. For those of you who subscribe to the blog – your subscription will be transferred across to the […]

PROVING THINGS 47: FIRE IN THE LOFT: IT WASN’T THE MOUSE MAN AT ALL

The judgment of Mr Justice Coulson in Palmer -v- Nightingale [2016] EWHC 2800 (TCC) is another example of a claimant failing to prove their case. More curiously, in some respects, the claimant’s own evidence contradicted their case. “In circumstances where there are a number of potential causes of a fire, it is not appropriate for the […]

FIRST CLAIM FORM CASE OF THE YEAR: AND THERE’S A BRIGHTSIDE

Every year brings a batch of cases relating to service of the claim form. This year starts with an unusual issue. In Brightside Group Ltd -v- RSM UK Audit LLP [2017] EWHC 6 (Comm) Mr Justice Andrew Baker considered  issues relating to service of the claim form and the provisions of CPR 7.7. CPR 7.7 […]

LIMITATION; SEXUAL ABUSE AND THE SECTION 33 DISCRETION: NO SPECIAL RULE JUST BECAUSE THE DEFENDANT WAS MORALLY CULPABLE

In GH -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3337 (QB) HH Judge Gosnell considered the exercise of the Section 33 discretion in a case where there was allegation of sexual abuse that took place in the 1980s. “I will deal here briefly with the novel submission put forward by Leading […]

LAWYERS, LITIGATION AND MEMORY III: THE GESTMIN PRINCIPLES APPLIED

“This may be an interesting year for the consideration of issues relating to the accuracy of memory.   An interesting case where the relevant principles were considered in detail can be found in the judgment in EF -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3336 (QB). The judgment reviews the principles […]

LAWYERS, LITIGATION & MEMORY II: HOW YOU ARE AFFECTING THE MEMORY OF WITNESSES (AND POSSIBLY SOWING THE SEEDS FOR DEFEAT)

The post on “Lawyers, litigation and memory“clearly struck a chord. It had many hundreds of readers (on a Sunday too). It highlights the fact that a failure to be trained in, and consider, issues relating to memory, causes litigators numerous problems.  These problems only become apparent once a witness is cross-examined. Here we look at […]