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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » February » 05
PART 36: THE UNCERTAIN PROGNOSIS AND THE CLAIMANT'S CONUNDRUM: FIVE POINTS TO THINK ABOUT

PART 36: THE UNCERTAIN PROGNOSIS AND THE CLAIMANT’S CONUNDRUM: FIVE POINTS TO THINK ABOUT

February 5, 2018 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content, Part 36

The earlier post on the Court of Appeal decision in Briggs -v- CEF Holdings Ltd [2017] EWCA 2363 (Civ) gives rise to a conundrum that claimants (and sometimes defendants) have to address.  How do you advise a client when a Part 36…

SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE

SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE

February 5, 2018 · by gexall · in Access to justice, Members Content

There are many moving obituaries to Sir Henry Brooke, to his work as a lawyer, a judge and campaigner.  Here I want to pay tribute to his online work. It is significant that Sir Henry had  a very full and…

PROVING THINGS: IF YOU LIKE THE BLOGS - THEN WATCH THE MOVIE...

PROVING THINGS: IF YOU LIKE THE BLOGS – THEN WATCH THE MOVIE…

February 5, 2018 · by gexall · in Civil Procedure, Damages, Members Content, Witness statements

The Webinar I did last week called “Proving things: if you don’t prove it, then you don’t get it” is now available for purchase online. TOPICS COVERED Topics covered include: “If you don’t prove it you don’t get it” Witness…

THE SHORTER TRIAL SCHEME: PROCEDURAL WRANGLING AND PROBLEMATIC EXPERT EVIDENCE: IT CAN'T BE BRUSHED ASIDE

THE SHORTER TRIAL SCHEME: PROCEDURAL WRANGLING AND PROBLEMATIC EXPERT EVIDENCE: IT CAN’T BE BRUSHED ASIDE

February 5, 2018 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Members Content, Written advocacy

In the judgment today in L’Oréal Société Anonyme RN Ventures Ltd [2018] EWHC 173 (Pat) Mr Justice Henry Carr set out his concerns on aspects of the procedure and expert evidence before the court.  The judgment contains some lessons for litigators…

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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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