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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL

EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL

May 26, 2017 · by gexall · in Civil evidence, Clinical Negligence, Disclosure, Expert evidence, Experts

In the course of a very detailed judgment today  in a clinical negligence case Mr Justice Langstaff made some important observations about expert evidence. He observed that late evidence may lead to costs consequences. Given that the whole rationale of…

CLIFF, THE BBC AND PART 18 OF THE CPR: "WE DON'T TALK ANY MORE"

CLIFF, THE BBC AND PART 18 OF THE CPR: “WE DON’T TALK ANY MORE”

May 26, 2017 · by gexall · in Civil evidence, Civil Procedure

In Sir Cliff Richard OBE -v- The British Broadcasting Corporation [2017] EWHC 1291 (Ch) Mr Justice Mann considered an issue of whether the BBC should answer Part 18 questions. It is unusual for one Part 18 question to be the…

DEALING WITH BEREAVED  CLIENTS: A DEFICIT IN LEGAL TRAINING?

DEALING WITH BEREAVED CLIENTS: A DEFICIT IN LEGAL TRAINING?

May 26, 2017 · by gexall · in Fatal Accidents, Useful links

I was lecturing yesterday alongside an oncologist.  He has a difficult job.  On a regular (sometimes daily) basis he has to tell patients whether they can be treated, how long they “have left” and whether treatment is worthwhile. This left…

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  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
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