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Discoverability, time limits, medical negligence
in Time limitsIt is common ground that the matters in s 50D(1)(a) and (c) were discoverable prior to 5 December 2010. The issue is whether Mrs Smith knew or ought to have known of the fact that her late husband’s death…
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Tendency evidence
in Evidence -
UK Contigency Fees: a good look?
in Costs -
Insurance, conditions and burden proof
in InsuranceSubject to the terms conditions and exclusions of this policy as agreed by You and Us, We agree to provide indemnity in respect of any Motor Vehicle described in the Schedule against loss damage or liability as hereafter mentioned…
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Security for costs in representative proceedings
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MACA Claims Assessors: concise reasons
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Proportionate costs in England & Wales
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A summary of the principles governing the review of an administrative decision
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Capacity to give instructions
AEW v BW [2016] NSWSC 905 https://www.caselaw.nsw.gov.au/decision/57735757e4b058596cb9cdf4 21 The general law does not prescribe a fixed standard of “capacity” for the transaction of business; the level of capacity required depends on the particular business to be transacted, and the…
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"not insignificant"
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Duty and foreseeability
in Negligence -
Jones v Dunkel
S S Pharmaceuticals v Qantas [1991] 1 Lloyd’s Rep 288 at 293, Gleeson CJ and Handley JA said: Where the inference of greater fault is open on the evidence we see no difficulty in drawing that more adverse inference where…
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The unreliability of evidence in chief adduced in written form
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Costs where no determination on the merits
in Costs -
The need for articulation of a duty, at a high level of generality, before examining breach
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Issue estoppel, res judicata and abuse of process
in Recent casesJener Daluz v John McMahon [2016] NSWSC 202 Application for summary dismissal of medical negligence proceedings relating to treatment of injuries said to have been sustained by the plaintiff in a motor vehicle accident – settlement of separate proceedings…
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The "face of the record"
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Uncalled for written submissions after a hearing
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S. 60 Evidence Act – "in for all purposes"
in Evidence