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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Zenith Chambers, Leeds, & Hardwicke, London
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LITIGATORS KEEP A CAREFUL LOOK OUT: ITS YOUR DUTY TO MONITOR YOUR EXPERT'S CONDUCT (OTHERWISE ITS YOUR CLIENT THAT SUFFERS)

LITIGATORS KEEP A CAREFUL LOOK OUT: ITS YOUR DUTY TO MONITOR YOUR EXPERT’S CONDUCT (OTHERWISE ITS YOUR CLIENT THAT SUFFERS)

January 23, 2019 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Expert evidence, Experts

One specific aspect of the judgment in Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) that needs emphasising is the duty the case places on a litigant’s lawyers to monitor the conduct of an expert and…

BREXIT AND CIVIL PROCEDURE:  EXPERTS ARE NOT BE CROSS EXAMINED ON FORESEEABILITY OF UK LEAVING THE EU

BREXIT AND CIVIL PROCEDURE: EXPERTS ARE NOT BE CROSS EXAMINED ON FORESEEABILITY OF UK LEAVING THE EU

January 14, 2019 · by gexall · in Brexit, Civil evidence, Expert evidence, Experts

This is a far less exciting case than the headline suggests, however it is the first  case I have seen about the impact of Brexit on civil procedure (albeit indirectly). In Canary Wharf (Bp4) T1 Ltd & Ors v European Medicines…

UNDERSTANDING THE CODED LANGUAGE OF THE LEGAL DIRECTORIES: HUMBLEBRAGS AND BEYOND

UNDERSTANDING THE CODED LANGUAGE OF THE LEGAL DIRECTORIES: HUMBLEBRAGS AND BEYOND

November 4, 2018 · by gexall · in Case Management, Charity, Civil evidence

This if the time of year that several legal directories are published.  It leads to an inevitable pattern of behaviour.  Thanks to law lecturer John Bates we can all now understand the coded language of the legal directory. THE PATTERN…

CASE MANAGEMENT HEARING: SHOULD WE STAY OR SHOULD WE GO? PROCEEDINGS NOT DELAYED BECAUSE THERE ARE PENDING APPEALS

CASE MANAGEMENT HEARING: SHOULD WE STAY OR SHOULD WE GO? PROCEEDINGS NOT DELAYED BECAUSE THERE ARE PENDING APPEALS

October 23, 2018 · by gexall · in Case Management, Costs

In Sberbank of Russia v The OJSC International Bank of Azerbaijan [2018] EWHC 2777 (Comm)Mr Justice Bryan had to consider whether to adjourn a case management conference pending appeals in other cases.  The judge considered the overriding objective and held that…

VERY LATE CHANGE FROM PART 8 TO PART 7: NUANCED CASE MANAGEMENT IN THE TCC

VERY LATE CHANGE FROM PART 8 TO PART 7: NUANCED CASE MANAGEMENT IN THE TCC

October 15, 2018 · by gexall · in Case Management, Civil evidence

There is an interesting piece of case management in the judgment of Recorder Andrew Singer QC (sitting as a Judge of the Technology and Construction Court) in Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC).  …

ADVISING ON LITIGATION RISKS 1: YOU CAN BE BELIEVED AS A WITNESS AND STILL LOSE YOUR CASE

ADVISING ON LITIGATION RISKS 1: YOU CAN BE BELIEVED AS A WITNESS AND STILL LOSE YOUR CASE

September 17, 2018 · by gexall · in Civil evidence, Civil Procedure, Risks of litigation, Witness statements

Earlier posts have looked at the concept of “litigation risks”. This is something we are all aware of as practising lawyers. We advise on those risks on a daily basis.  However very little is written about this.  This is the…

THIS IS NOT A "PLEADING POINT": WHY LISTS OF ISSUES NEED TO BE CAREFULLY DRAFTED: COURT OF APPEAL DECISION

THIS IS NOT A “PLEADING POINT”: WHY LISTS OF ISSUES NEED TO BE CAREFULLY DRAFTED: COURT OF APPEAL DECISION

June 9, 2018 · by gexall · in Appeals, Case Management, Civil evidence, Civil Procedure, Written advocacy

In  Scicluna v Zippy Stitch Ltd & Ors [2018] EWCA Civ 1320 the Court of Appeal reiterated the importance of  the list of issues.  This relates to procedure in the Employment Tribunal however, as the judgment points out, lists of issues…

APPLICATION FOR SPLIT TRIAL FAILS TO FLOAT THE MASTER'S BOAT

APPLICATION FOR SPLIT TRIAL FAILS TO FLOAT THE MASTER’S BOAT

May 31, 2018 · by gexall · in Case Management, Civil Procedure

The judgment in  Howard & Ors v Chelsea Yacht And Boat Company Ltd & Anor [2018] EWHC 1118 (Ch) provides a useful “cut out and keep” summary of the principles relating to applications for a split trial. “questions of case…

PROVING THINGS 93: PROVING A WILL: THERE ARE SPECIFIC RULES THAT THE PARTIES SHOULD FOLLOW

PROVING THINGS 93: PROVING A WILL: THERE ARE SPECIFIC RULES THAT THE PARTIES SHOULD FOLLOW

May 4, 2018 · by gexall · in Appeals, Applications, Case Management, Civil evidence

I cannot remember the last time I read a case where the Court of Appeal heard evidence from witnesses (who had not been heard below) and made a request that it have sight of original documents.  This is what happened…

DELAY IN GETTING TO TRIAL - AND ITS NOT THE COURT'S FAULT: COUNSEL'S AVAILABILITY AND DELAYS - A REMINDER OF THE JIGSAW PROBLEM...

DELAY IN GETTING TO TRIAL – AND ITS NOT THE COURT’S FAULT: COUNSEL’S AVAILABILITY AND DELAYS – A REMINDER OF THE JIGSAW PROBLEM…

March 15, 2018 · by gexall · in Access to justice, Applications, Case Management, Civil Procedure

There is often much criticism about the length of time it takes to obtain a trial date. The observations of Mr Justice Fraser in  Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) indicate that it is not…

LITIGANTS IN PERSON: SUBJECT TO THE SAME LAW AS EVERYBODY ELSE (BUT CASE MANAGEMENT DIRECTIONS MAY BE DIFFERENT)

March 14, 2018 · by gexall · in Appeals, Bundles, Case Management, Litigants in person

The judgment in  Reynard v Fox [2018] EWHC 443 (Ch) has already been written about in the legal press.  Indeed it bristles with procedural issues, I want to concentrate on the issue of the treatment of litigants in person.   THE…

PARTIES MUST OBTAIN AN ORDER FOR A HEARING OF A PRELIMINARY ISSUE: (MORE ON LENGTHY SKELETON ARGUMENTS)

PARTIES MUST OBTAIN AN ORDER FOR A HEARING OF A PRELIMINARY ISSUE: (MORE ON LENGTHY SKELETON ARGUMENTS)

March 13, 2018 · by gexall · in Applications, Case Management, Written advocacy

In Bokova v Associated Newspapers Ltd [2018] EWHC 320 (QB) Mr Justice Dingemans considered several important issues of procedure.   Firstly the need for parties to obtain an order for a hearing on a preliminary issue rather than simply turning up on…

EXPERT EVIDENCE AS TO EARNINGS NOT NECESSARY (THOUGH NOT A CIVIL CASE): ASSESSMENT OF EVIDENCE IS THE JUDGE'S JOB NOT THE EXPERTS

EXPERT EVIDENCE AS TO EARNINGS NOT NECESSARY (THOUGH NOT A CIVIL CASE): ASSESSMENT OF EVIDENCE IS THE JUDGE’S JOB NOT THE EXPERTS

February 20, 2018 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Experts

I am trespassing into the area of family law to look at decision of Mr Justice Moor in Buehrlen v Buehrlen [2017] EWHC 3643 (Fam). It is of general interest to civil lawyers because it involves the court considering whether expert…

PROPORTIONALITY AND CASE MANAGEMENT: THE OVERRIDING OBJECTIVE APPLIES ON A MACRO SCALE: "ACADEMIC" ISSUE SHOULD PROCEED TO A HEARING

PROPORTIONALITY AND CASE MANAGEMENT: THE OVERRIDING OBJECTIVE APPLIES ON A MACRO SCALE: “ACADEMIC” ISSUE SHOULD PROCEED TO A HEARING

February 20, 2018 · by gexall · in Applications, Case Management, Civil Procedure

In London Borough of Haringey v Simawi [2018] EWHC 290 (QB) Mr Justice Nicklen expressly considered the Overriding Objective when determining whether a human rights  issue that could be rendered “academic” should continue to a hearing. “Those rules are directed at…

ANONYMOUS WITNESSES AND CONFIDENTIALITY CLUBS: HIGH COURT DECISION

ANONYMOUS WITNESSES AND CONFIDENTIALITY CLUBS: HIGH COURT DECISION

February 19, 2018 · by gexall · in Access to justice, Applications, Case Management, Civil evidence

In Kalma & Ors v African Minerals Ltd & Ors [2018] EWHC 120 (QB) Mr Justice Turner considered the issue of anonymous witnesses and confidentiality clubs. He granted six witnesses anonymity. This was subject to the identity of the witnesses being…

PROPORTIONALITY: A LITIGATOR'S SURVIVAL GUIDE  VI: COULD PROJECT MANAGEMENT HELP?

PROPORTIONALITY: A LITIGATOR’S SURVIVAL GUIDE VI: COULD PROJECT MANAGEMENT HELP?

February 7, 2018 · by gexall · in Assessment of Costs, Case Management

This series on proportionality for litigators is a long-running one.  One suggestion is that “Legal project management” could help.  There is a very short entry in Wikipedia as to what “Legal project management” is. LEGAL PROJECT MANAGEMENT I put questions to…

THE SHORTER TRIAL SCHEME: PROCEDURAL WRANGLING AND PROBLEMATIC EXPERT EVIDENCE: IT CAN'T BE BRUSHED ASIDE

THE SHORTER TRIAL SCHEME: PROCEDURAL WRANGLING AND PROBLEMATIC EXPERT EVIDENCE: IT CAN’T BE BRUSHED ASIDE

February 5, 2018 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Written advocacy

In the judgment today in L’Oréal Société Anonyme RN Ventures Ltd [2018] EWHC 173 (Pat) Mr Justice Henry Carr set out his concerns on aspects of the procedure and expert evidence before the court.  The judgment contains some lessons for litigators…

PRESENTING THE CASE PROPERLY FOR YOUR CLIENT: TRIAL BUNDLES: RESURRECTING THE ADVICE GIVEN BY "LEGAL ORANGE"

PRESENTING THE CASE PROPERLY FOR YOUR CLIENT: TRIAL BUNDLES: RESURRECTING THE ADVICE GIVEN BY “LEGAL ORANGE”

January 14, 2018 · by gexall · in Bundles, Case Management, Civil evidence, Civil Procedure

The average lifespan of a blog is around 100 days.  One blog on law and litigation that stopped posting several years ago was Legal Orange . A blog that started in December 2013 and where the last post was December…

EXPERT REPORTS SHOULD BE EXCHANGED CONCURRENTLY: THE PRINCIPLES APPLIED IN A CAR HIRE CASE: WHEN EVIDENCE CAN AMOUNT TO A SKELETON ARGUMENT

EXPERT REPORTS SHOULD BE EXCHANGED CONCURRENTLY: THE PRINCIPLES APPLIED IN A CAR HIRE CASE: WHEN EVIDENCE CAN AMOUNT TO A SKELETON ARGUMENT

January 10, 2018 · by gexall · in Case Management, Civil evidence, Civil Procedure, Expert evidence, Experts

 The decision of District Judge Glen in Kansal -v- Tang (31st January 2017, County Court at Slough)  is available on the DWF website.  It says a lot about “expert” evidence about hire rates. In particular the judge’s comment that evidence…

I WANT AN ADJOURNMENT BECAUSE I'M ILL: AN APPLICATION NOT GUARANTEED BE SUCCESSFUL

I WANT AN ADJOURNMENT BECAUSE I’M ILL: AN APPLICATION NOT GUARANTEED BE SUCCESSFUL

November 23, 2017 · by gexall · in Adjournments, Applications, Case Management

The issue of adjournments because of ill-health is one of the most common search terms that leads to this blog. (I am not certain whether to be surprised  at this or not). For those searching today the relevant principles are…

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