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Results:1-10 of 206

Hearsay evidence: a party can be cross examined even if they have not served a witness statement
  • BLM
  • United Kingdom
  • June 21 2017

The court considered the application of CPR, r. 33.4(1) in respect of whether the claimant could be cross examined in circumstances where they had


Saadati v. Moorhead: SCC clarifies law on required proof of mental injury
  • Gowling WLG
  • Canada
  • June 13 2017

A unanimous decision of the Supreme Court in Saadati v. Moorhead1 released on June 2, 2017, clarified the law on the requirements for proof of mental


Sometimes a bad deal is just a bad deal: unconscionability and insurance claim settlements in Downer v Pitcher, 2017 NLCA 13
  • Stewart McKelvey
  • Canada
  • March 16 2017

The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement


The importance of CCTV evidence in injury claims
  • Anthony Gold
  • United Kingdom
  • January 17 2017

I am frequently instructed by seriously injured clients to bring claims on their behalf and quite often liability is disputed due to conflicting


Court of Appeal affirms public authority immunity provisions in NSW CLA
  • Barry.Nilsson. Lawyers
  • Australia
  • October 11 2016

On 1 January 2010, Mr Mansfield drove his fully laden water truck along Greens Crossing Road. As he crossed over a culvert in the road, the left hand


Personal Injury - Further fundamental dishonesty guidance
  • Clyde & Co LLP
  • United Kingdom
  • August 17 2016

The Court of Appeal has confirmed a recent lower court ruling that failing to prove a case does not mean the claimant was dishonest and loses QOCS


Insurance fraud: when settlements can be overturned
  • Shoosmiths LLP
  • United Kingdom
  • August 10 2016

The Supreme Court has set aside a settlement entered into by defendant liability insurers, despite the fact that the insurers had suspected that the


Admissions - Risky Business?
  • Clyde & Co LLP
  • United Kingdom
  • July 28 2016

In the recent case of Wood v Days Health UK Ltd and others 2016 the High Court refused to allow the Defendant to withdraw its pre-action admission


Fighting fraud
  • 1 Chancery Lane
  • United Kingdom
  • July 19 2016

Judgment in the case of Da Costa v Sargaco 2016 EWCA Civ 764 was handed down last week and represents the latest round of the struggle between


Andraws v. Anslow: Reasons for Judgment Must be Adequate to Facilitate Proper Appellate Review
  • Osler Hoskin & Harcourt LLP
  • Canada
  • July 14 2016

The British Columbia Court of Appeal in Andraws v. Anslow found that a trial judge’s reasons for judgment were inadequate, as they did not allow for