Articles by phoebe alexander
Oral evidence part 4: Issues with expert evidence
Issues with expert evidence can have a profound impact on the credibility of a party’s case, and consequently the likelihood or not of a party succeeding at trial. In this article we discuss some recent case law which highlights the need for parties to carefully comply with their procedural obligations regarding expert evidence, namely Part 35 of the CPR (“Part 35”) and the accompanying Practice Direction, to avoid such risks.
Oral evidence part 4: Issues with expert evidence
Issues with expert evidence can have a profound impact on the credibility of a party’s case, and consequently the likelihood or not of a party succeeding at trial. In this article we discuss some recent case law which highlights the need for parties to carefully comply with their procedural obligations regarding expert evidence, namely Part 35 of the CPR (“Part 35”) and the accompanying Practice Direction, to avoid such risks.
How Full or Frank does a party have to be to avoid material non-disclosure?
The Magomedov and others v TPG Group Holdings (SBS) LP and others litigation has been of great interest in the legal press over the last year and the recent decision of Mr Justice Jacobs should be of similar interest to fraud practitioners. The decision is interesting and covers a number of topics which we will be discussing in a 3-part series.
Lying in a witness statement - Contempt of court and custodial sentences
Our series focused on witness statements considers the challenges encountered by practitioners across a range of different dispute resolution specialties while preparing witness evidence. In this blog Phoebe Alexander explores when contempt of court proceedings may be brought against a witness who has included false information in a statement.
Clarity on the approach to liability in Valuer Negligence Cases - Bratt v Jones
On 22 March 2024, the judgment in Bratt v Jones was handed down in the Chancery Division. The judgment provides helpful clarity on the approach to determining liability in valuer negligence cases. Background The Defendant, Mr Jones, was jointly instructed by the Claimant, Mr Bratt and a home-building company in relation to a proposed sale of a development site from Mr Bratt to the company pursuant to an option agreement for 90% of its market value.
The Quincecare duty: The long-awaited Supreme Court judgment in Philipp v Barclays has finally arrived
At 9.45am yesterday, the Supreme Court handed down judgment in the case of Philipp v Barclays Bank UK PLC following a two-day hearing in February this year. For a full low-down of the background of the case, please see our article from earlier in the year - The Quincecare Duty and Philipp v Barclays Bank UK: awaiting the Supreme Court judgment, which includes full details of the facts of the case and key case law around the Quincecare duty.
The Quincecare Duty and Philipp v Barclays Bank UK: awaiting the Supreme Court judgment
Quincecare duties have been a hot topic over the last few years, and there is no sign that development of this area of the law is slowing. The judiciary are still trying to determine where the boundaries lie, in what many think is an all too interventionist legal principle. Since the establishment of the Quincecare duty in Barclays Bank plc v Quincecare Ltd.
What does it take to create a trust? A reminder of the three C’s
Margulies v Margulies [2022] EWHC 2843 (Ch) is no less than the sixth set of proceedings between two brothers following the death of their father in 1991. This case is the latest in that series of proceedings and provides helpful pointers on the importance of certainty when drawing up inheritance plans. It also includes a useful summary of the law on cause of action estoppel and abuse of process.
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