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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » August » 30

HIGHER COURT FEES IN THE (NOT TOO DISTANT) FUTURE: THE GOVERNMENT RESPONSE TO CONSULTATION

August 30, 2015 · by gexall · in Costs, Members Content, Uncategorized

The government response to the consultation process on court fees is now available. WHAT IT SAYS (“FOR THE MOST PART WE HAVE IGNORED EVERYONE AND THE INCREASES WILL GO AHEAD IN ANY EVENT”). “Following a consultation launched by the Coalition…

ASKING LEADING QUESTIONS AND WITNESS STATEMENTS: THIS IS GOING TO END BADLY: EIGHT CRUCIAL POINTS ON EVIDENCE (& THEN 10 MORE)

August 30, 2015 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

I am returning to the judgment of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA 2264 (QB).  Among other things this case emphasises the dangers of  leading questions when interviewing witnesses. There are dangers…

THE STATEMENT OF TRUTH: DOES IT NEED "BEEFING UP": THE POLICE SAY WITNESSES DON'T UNDERSTAND IT'S SIGNIFICANCE!

August 30, 2015 · by gexall · in Applications, Civil evidence, Members Content, Uncategorized

The statement of truth is central to modern litigation, and at every stage of the litigation.  However it is worthwhile considering whether, in its current form, it is effective. THE ACCIDENT EXCHANGE CASE It is worthwhile reading the judgment in…

THE EFFECT OF QOCS ON LITIGATION: HERE'S THE THING: CASES WILL BE FOUGHT ON THEIR MERITS

August 30, 2015 · by gexall · in Costs, Members Content, QOCS, Uncategorized, Witness statements

There has been much debate about the impact of QOCS on litigation. To date much of this has, inevitably, been speculative. However it is worthwhile reading George Riley’s article, Fundamental dishonesty and litigation in the post-Jackson landscape.  This shows, honestly…

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