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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » February » 23
WITNESS STATEMENTS IN CLINICAL NEGLIGENCE CASES:  IDENTICAL WITNESS STATEMENTS DID NOT DAMAGE CREDIBILITY (THIS TIME)

WITNESS STATEMENTS IN CLINICAL NEGLIGENCE CASES: IDENTICAL WITNESS STATEMENTS DID NOT DAMAGE CREDIBILITY (THIS TIME)

February 23, 2017 · by gexall · in Clinical Negligence, Members Content, Witness statements

I spent a day this week giving a seminar to a specialist group of clinical negligence lawyers on the importance of witness statements.  I mention this because, as always happens, there is a clear example of this in the judgment…

REFORMS TO SOFT TISSUE PROCESS: LINKS TO OFFICIAL PAPERS AND COMMENTARY (FROM CLAIMANTS AND INSURERS)

February 23, 2017 · by gexall · in Damages, Members Content, Rule Changes

The proposed reforms were set out in detail for the first time today.  Here are links to the relevant documents and some of the commentary: Official publications The 49 page paper from the government is here  The summary is here …

LEGAL COMPANY ENTITLED TO CHARGE FOR ITS TIME: SHACKLETON EXPLORES NEW GROUND

LEGAL COMPANY ENTITLED TO CHARGE FOR ITS TIME: SHACKLETON EXPLORES NEW GROUND

February 23, 2017 · by gexall · in Assessment of Costs, Costs, Members Content

In Shackleton -v-Al Shamsi [2017] EWHC 304 (Comm) Mr Justice Teare considered the question of whether a company providing legal services  which was the claimant in the action could recover costs for the time of its “proprietor”  spent in bringing…

ALL THE WITNESSES SAY EXACTLY THE SAME THING 10 YEARS AFTER THE EVENT: DIFFICULT TO BELIEVE (AND NOT BELIEVED)

ALL THE WITNESSES SAY EXACTLY THE SAME THING 10 YEARS AFTER THE EVENT: DIFFICULT TO BELIEVE (AND NOT BELIEVED)

February 23, 2017 · by gexall · in Civil evidence, Members Content, Witness statements

In Patel -v- Patel [2017] Andrew Simmonds QC (sitting as a judge of the High Court) was considering the credibility of witnesses.  The case is an interesting read in that it sets out detail of some of the cross-examination.  It…

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  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • CIVIL EVIDENCE: "BARE ASSERTIONS" ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL "VAGUE AND UNPARTICULARISED" EVIDENCE
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

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