Elizabeth Dwomoh looks at why parties should carefully consider how they plead and present cases
Evidence “Without prejudice” rule
Civil practice and procedure – Evidence — Privilege — “Without prejudice” correspondence — Admissibility — Dispute arising over business proposal — Claimant applying to admit documents marked “without prejudice” in…
Boundaries Expert evidence
Boundary dispute – Expert evidence – Site visit – Judge asking questions to parties experts at site visit and dispensing with formal cross-examination in court – Judge deciding issues in…
Architect – Expert evidence – Expert shopping – Claimants’ shopping centre suffering serious fire damage – Claimants suing defendant contractors for losses resulting from alleged inadequate fire protection in centre…
Public procurement Expert evidence
Public contract — Expert evidence – Admissibility — Claimants tendering for development contract – Defendant statutory corporation awarding contract to rival bidder – Claimants seeking judicial review of that decision…
Boundary dispute – Interpretation of transfer plan – Appellant and respondents owning neighbouring properties – Dispute over ownership of strip of land – Transfer plan showing position of boundary –…
Evidence – Useable area of site – Claimant tenant applying for new lease of business premises – County court determining rental value by reference to useable site area derived from…
Public footpath – Modification of definitive map and statement – Long user – Claimant landowner applying to quash modification order – Inspector finding insufficient evidence to rebut presumption of public…
Right of way, Evidence