Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » May » 02
THE PERILS OF LEAVING ISSUE TO THE LAST MINUTE: CLAIM AGAINST SOLICITORS WAS STATUTE BARRED - AMENDMENT DISALLOWED: ADDITION IS NOT A SUBSTITUTION

THE PERILS OF LEAVING ISSUE TO THE LAST MINUTE: CLAIM AGAINST SOLICITORS WAS STATUTE BARRED – AMENDMENT DISALLOWED: ADDITION IS NOT A SUBSTITUTION

May 2, 2017 · by gexall · in Amendment, Limitation, Members Content

The judgment of the Court of Appeal yesterday  in Godfrey Morgan Solicitors (a firm) -v- Armes [2017] EWCA Civ 323 illustrates the danger of late issue of proceedings.  Issue was left until the last day.  An additional defendant was added…

CANCER, CAUSATION AND THE COURTS: 25th MAY 2017:  CENTRAL LEEDS:  PROCEEDS GO TO CANCER CHARITY

CANCER, CAUSATION AND THE COURTS: 25th MAY 2017: CENTRAL LEEDS: PROCEEDS GO TO CANCER CHARITY

May 2, 2017 · by gexall · in Courses, Members Content

I am speaking with Oncologist Andrew Proctor, and my colleague Helen Rutherford in Leeds on the 25th May 2017 on “Cancer, Causation and the Courts”.  This course: Gives a medical explanation of the nature of the most common types of…

"GOOD DAYS AND BAD DAYS": THE ROLE OF VIDEO EVIDENCE IN THE ASSESSMENT OF CREDIBILITY AND DAMAGES

“GOOD DAYS AND BAD DAYS”: THE ROLE OF VIDEO EVIDENCE IN THE ASSESSMENT OF CREDIBILITY AND DAMAGES

May 2, 2017 · by gexall · in Civil evidence, Damages, Members Content, Witness statements

In Karapetianas -v- Kent and Sussex Loft Conversions Ltd [2017] EWHC 859 (QB) Mr Jonathan Swift QC considered the appropriate approach to damages when the claimant’s case as to ongoing symptoms was contradicted by video evidence.  He found that the…

COURT OF APPEAL OVERTURNS FINDINGS OF FACT & CONSIDERS THE IMPORTANT ROLE OF THE SINGLE JOINT EXPERT

COURT OF APPEAL OVERTURNS FINDINGS OF FACT & CONSIDERS THE IMPORTANT ROLE OF THE SINGLE JOINT EXPERT

May 2, 2017 · by gexall · in Appeals, Damages, Expert evidence, Members Content, Witness statements

We have already looked at the decision in Perry -v- Raleys Solicitors [2017] EWCA Civ 314 in the context of the award of interest.   The decision also contains important observations about evidence and the way in which the courts approach…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…
  • COST BITES 458: “PLEASE JUDGE WE’D LIKE MORE TIME TO PAY THE COSTS”: THE RULES AND CASES CONSIDERED
  • COSTS BITES 457 — A FAILED FRAUD CLAIM, INDEMNITY COSTS AND 14 DAYS TO PAY: “I CONSIDER THAT THIS WAS COMMERCIAL CONDUCT OUT OF THE NORM” (OH, AND YOU DON’T GET MORE TIME TO PAY JUST BECAUSE YOU’RE A LARGE ORGANISATION)
  • COST BITES 456: THE CLAIMANT HAD SUCCEEDED ON ALL FOUGHT POINTS: THERE WOULD BE NO REDUCTION OF ITS COSTS: INDEMNITY COSTS IN A LANDLORD AND TENANT DISPUTE
  • WITNESS EVIDENCE WEDNESDAY: WHY A SOLICITOR TAKES TO TAKE GREAT WHEN MAKING STATEMENTS: “AN UNIMPRESSIVE WITNESS ON WHOSE EVIDENCE I CAN PLACE LITTLE RELIANCE” (IS WHAT WE DON’T WANT TO SEE…)

Top Posts

WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
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"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT
EXPERT WATCH 84: THE TRIAL JUDGE'S APPROACH TO THE EXPERT EVIDENCE WAS WRONG: THE APPROACH IN TUI HAD TO BE CONSIDERED: AN IMPORTANT DECISION FOR HOUSING LAWYERS...

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.