CIVIL LITIGATION REVIEW OF 2017 (I): “SURVIVING THE EMOTIONS OF LITIGATION” & “THINGS THAT IRRITATE JUDGES”

This is the fourth annual review on this blog. This year I have decided to break it into a number of reviews.  First it is interesting to look at what is being read on this site and the search terms that brought people here.  (A detailed review of civil procedure for the year) can be found in Herbert Smith Freehills –  A Litigator’s Yearbook: 2017)

MOST READ POSTS OF THE YEAR ON THIS BLOG

For many years the most read post was on preparing trial bundles (which is now fifth); another former first place post on drafting witness statements is now eighth.

• The Lying Witness: the Approach of the Civil Courts has the highest number of views.
• Second is Replies and Defence to Counterclaim: A Primer
• Third is Adjournments on the Grounds of Ill Health: a Detailed Consideration
• Fourth is Pleading a Defence Properly: the Difference between a “non-admission” and a “denial” Explored.

MOST COMMON SEARCH TERMS

I get details of some of the search terms that lead readers to the blog.

Apart from the obvious “civil litigation brief”, “gordon exall blog”  the most common search terms on the blog are

• “section 14a limitation act”;
• “conditions for stay of execution”;
• “fundamental dishonesty”;
• “can an appellate court overturn a finding of fact by a trial court english case law”.

MOST SURPRISING HIT

The date that the blog had the most visitors was the day I wrote on fonts for lawyers. 

MOST INTRIGUING  SEARCH TERMS

There were 312,000 search terms that led readers to these blog. These are always interesting, sometimes they suggest an element of desperation. Some are reproduced below as they appeared on the statistics page of the blog. (Be reassured that I know nothing about who made the searches).

• “will courts accept evidence of perjured witness”

• “the witness statement is crucial to the solution of the case”

• “how to save my witness if he has inconsistency”

• “if a judge is biased is his judgment binding?”

• “discuss how judgement on the merit can be set aside?”

• “can disproportionate costs be allowed”

• “set aside own order case law”

• “what is the maximum number of witness which can be produced in a case”

• “what period of time is considered promptly to set aside judgement”

• “witness statement for relief from sanctun”

• “surveillance gordan excell”

• “what is the effect of signing statement of truth without authority”

• “does chester and ashfar make sense”

• “do one have to have evidence to prove damages”

• “failing to comply with unless order to set matter down for assessment”

• “will i be asked questions on my wittness statement”

• “does a signature on particulars of claim need to be original”

• “why a witness statment in clinical negligence has to be accurate”

• “can someone be a true witness of an incident in which he is absent”

• “what is the difference between closure of pleading and amendment of pleading”

• “british lawyers dress code in court 2016”

• “what is the difference between advocate and expert witness”

• “make the claimant prove the cherry pit claim”

• “how bad is having a finding of fact against you”

• “questions to be asked to handwriting expert in cross examination”

• “best font for witness statement”

• “things lawyers say to judges”

• “releif from sanctions- 10 points to improve the odds”

• “what does it mean when a county court judge orders a case struck out”

• “solcitor engages in abusive of process”

• “surviving the emotions of litigation”

• “can you file a reply to a statement of defence after case for the claimant is closed?”

• “contradiction in defendant antithesis and his evidence before civil court”

• “should a skeleton argument contain a statement of truth”

• “defence that document creating liability is fake but no other pleading effect of?”

• “a legal practitioner must not recklessly mislead the court by false or inaccurate information”

• “cases of judge descending into area”

• “where extra tyme apllys in football”

• “what is the penalty for misleading a court in uk”

• “how can one witness an event of absent incident”

• “points to my principal as to why i shouldnt be sanctioned”

• “limitation of myths”

• “when an evidence is not genuine to win a court case it is said to be what?”

• “a court has no jurisdiction to determine its own jurisdiction”

• “in a civil case is it perjury to submit false evidence to court in uk law”

• “things that irritate judges”

• “strange document produced in defendants statement in civil law suits”

• “can a judge refuse to recuse himself”

• “lawyers and memory”

• “how strong are witnesses from 30 years ago”

• “should you admit in court to wrong doing if there is no proof”

• “absence of the defendant on the day of judgement, is it a ground for appeal”

• “what are the three bundles of human rights”

• “what should a solicitor do if documemts included in the trial bundle are illegible”

• “what to do if you find out that the budgeted costs were insuffiently estimated?”

• “can a judge go against a medical certificate to say you are unwell to attend cout”

• “how many times can i cancel a court hearing due to ill health”

• “examples of people who have faced contempt of court”

• “fraud has to be pleased and proved”

• “when is a statement of truth not needed on disclosure”

• “who can be witness of witness statement”

• “expert witness wants to retire from the case”

• “feeling when a judge makes a determination of a case”

• “is it a finding of fact that a witness is credible?”

• “is torture admissible evident”

• “salutary statement”

• “”unnecessary findings of fact””