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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » November » 27

PERSONAL INJURY LITIGANTS, LAWYERS & SOCIAL MEDIA

November 27, 2015 · by gexall · in Bundles, Case Management, Civil evidence, Disclosure, Members Content, Uncategorized, Witness statements

Social media is coming to play an increasingly important part in personal injury litigation. It is worthwhile taking a look at developments and the lawyer’s duties.  There is no doubt at all that the close scrutiny of social media accounts…

WHEN TWO RULES COLLIDE:PART 36 OFFER DOES NOT OVERRIDE NEED TO SERVE THE CLAIM FORM

November 27, 2015 · by gexall · in Members Content, Part 36, Relief from sanctions, Service of the claim form, Uncategorized

In The Former Owners of the Motor Vessel “Melissa K” -v- The Former Owners of the Motor Tanker “Tomsk” [2015] EWHC 3445 (Admlty) Mr Justice Males considered the interplay between Part 36 and the need to serve. It is an…

COMMENT POSING AS CROSS-EXAMINATION: "INAPPROPRIATE AND IMPROPER"

November 27, 2015 · by gexall · in Expert evidence, Members Content, Uncategorized, Witness statements

When does cross-examination turn to comment? That is a question all working advocates have to consider, both in relation to their own cross-examination of witnesses, and responding  to their opponents. There are some important observations by Mr Justice McCloskey in…

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Recent Posts

  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
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