Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » February » 07
MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT'S HOME: PROCEDURAL UNFAIRNESS

MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT’S HOME: PROCEDURAL UNFAIRNESS

February 7, 2018 · by gexall · in Access to justice, Adjournments, Appeals, Members Content

Earlier this week I paid tribute to Sir Henry Brooke. This included his most recent work dealing with PIPs and ESAs.  He wrote in his blog: “Readers  of these blogs will know I have been telling stories of the injustices…

GOBBETS AND LIMITATION:  ISSUES AT THE DREAMING SPIRES

GOBBETS AND LIMITATION: ISSUES AT THE DREAMING SPIRES

February 7, 2018 · by gexall · in Civil Procedure, Limitation, Members Content

There are many fascinating aspects of the judgment in Siddiqui v The Chancellor, Masters & Scholars of the University of Oxford [2018] EWHC 184 (QB). As  is often the case I have chosen to concentrate on one of  the most prosaic…

WANT TO WORK HARD, WIN AND STILL NOT GET PAID II? LAWYERS COME TO GRIEF IN THE COURT OF APPEAL: REVIEW YOUR RETAINER CAREFULLY

WANT TO WORK HARD, WIN AND STILL NOT GET PAID II? LAWYERS COME TO GRIEF IN THE COURT OF APPEAL: REVIEW YOUR RETAINER CAREFULLY

February 7, 2018 · by gexall · in Appeals, Conditional Fee Agreements, Costs, Members Content

In Radford & Anor v Frade & Ors [2018] EWCA Civ 119 the Court of Appeal upheld the early decisions that lawyers, who worked outside the terms of their retainer under a CFA, could not recover costs from the unsuccessful party….

90% WAS A GENUINE OFFER OF SETTLEMENT: CLAIMANT RECEIVES PART 36 BENEFITS AFTER OFFERING A 10% DISCOUNT

90% WAS A GENUINE OFFER OF SETTLEMENT: CLAIMANT RECEIVES PART 36 BENEFITS AFTER OFFERING A 10% DISCOUNT

February 7, 2018 · by gexall · in Civil Procedure, Members Content, Part 36

In   the judgment today in JMX (A child by his Mother and Litigation Friend, FMX) v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 185 (QB) Mr Justice Foskett was very robust in his view that an offer of…

PROPORTIONALITY: A LITIGATOR'S SURVIVAL GUIDE  VI: COULD PROJECT MANAGEMENT HELP?

PROPORTIONALITY: A LITIGATOR’S SURVIVAL GUIDE VI: COULD PROJECT MANAGEMENT HELP?

February 7, 2018 · by gexall · in Assessment of Costs, Case Management, Members Content

This series on proportionality for litigators is a long-running one.  One suggestion is that “Legal project management” could help.  There is a very short entry in Wikipedia as to what “Legal project management” is. LEGAL PROJECT MANAGEMENT I put questions to…

WITNESS EVIDENCE: CREATING AN ACCURATE RECORD OF INAPPROPRIATE CONDUCT AT WORK: SPOT - AN IMPORTANT DEVELOPMENT

WITNESS EVIDENCE: CREATING AN ACCURATE RECORD OF INAPPROPRIATE CONDUCT AT WORK: SPOT – AN IMPORTANT DEVELOPMENT

February 7, 2018 · by gexall · in Civil evidence, Members Content, Witness statements

I have written before about the book The Memory Illusion. In essence  lawyers need to be concerned about how easy it is for false memories to be created and how fallible the human memory is. The creation of an inaccurate…

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

  • A JUDGE SHOULD NOT HAVE PREVENTED A DEFENDANT TENANT SPEAKING AT A POSSESSION HEARING JUST BECAUSE THEY HAD NOT FILED A DEFENCE: THE CIVIL PROCEDURE RULES HAVE PRIMACY OVER A PEREMPTORY ORDER
  • WITNESS EVIDENCE WEDNESDAY: WHEN A LITIGATOR MAKES A STATEMENT ON BEHALF OF THEIR CLIENT: A USEFUL CHECKLIST ON THE SOURCE OF INFORMATION AND BELIEF
  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
  • PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”

Top Posts

RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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.