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 » March » 12

HOW A COURT ASSESSES WITNESS EVIDENCE: A SHORT PRIMER

March 12, 2018 · by gexall · in Civil evidence, Members Content, Witness statements

We have already looked at the decision of the upper tribunal in Conegate Ltd v Revenue & Customs (CAPITAL GAINS TAX – purchase of shares) [2018] UKFTT 82 (TC) in relation to issues of privilege and without prejudice discussions.  The same judgment…

PROVING THINGS 87: FAILURE TO PROVE BASIC ELEMENTS MEANT THAT THE FULL PREMIUM WAS NOT RECOVERED

PROVING THINGS 87: FAILURE TO PROVE BASIC ELEMENTS MEANT THAT THE FULL PREMIUM WAS NOT RECOVERED

March 12, 2018 · by gexall · in Civil evidence, Costs, Insurance, Insurance premiums, Members Content

I am grateful to Dominic Regan for sending me a copy of the judgment of District Judge Baldwin in Nicolaou -v- Cass (Liverpool CC 1st November 2017).   The claimant failed to recover a substantial figure for a stage 2 premium…

SETTING ASIDE A DEFAULT JUDGMENT IN RELATION TO SOLICITORS' COSTS: INTEREST SET ASIDE, PRINCIPAL SUM REMAINS A DEBT

SETTING ASIDE A DEFAULT JUDGMENT IN RELATION TO SOLICITORS’ COSTS: INTEREST SET ASIDE, PRINCIPAL SUM REMAINS A DEBT

March 12, 2018 · by gexall · in Applications, Interest, Members Content, Setting aside judgment

In RS v LS & LMP [2018] EWHC 449 (Fam)  Mrs Justice Roberts considered an application to set aside a default judgment obtained in relation to a solicitor’s costs. There are issues in relation to a failure to serve the response…

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 12.3K other subscribers

Recent Posts

  • DESIGNATED CIVIL JUDGES SHOULD BE CAREFUL WHO IS GIVEN THE TASK OF TRYING COMPLEX TRIALS: COURT OF APPEAL MISSIVE TO DESIGNATED CIVIL JUDGES (& MANY OTHERS…)
  • PROVING THINGS 291: WHAT WEIGHT DOES A JUDGE GIVE TO WITNESS STATEMENTS WHEN THE WITNESSES DO NOT ATTEND TRIAL AND (THE JUDGE FINDS) THERE IS NO GOOD REASON FOR THIS?
  • SERVICE POINTS 47: THE CASE ABOUT THE SECRETARY OF STATE AND THE UNSEALED CLAIM FORM: A RARE EXAMPLE OF “DENTON” PRINCIPLES APPLYING IN THESE CIRCUMSTANCES
  • THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 4: “CHOOSING SUPERVISORS” (THERE IS MUCH MORE TO THIS THAN MEETS THE EYE): PLUS TWO USEFUL CHECKLISTS
  • BOTH SIDES WANTED A STRIKE OUT FOR NON-COMPLIANCE – BUT GOT NOWHERE (A FAIRLY EXPENSIVE – AND FRUITLESS DAY OUT…): “LOCKED HORNS” AND “SPIRITED CORRESPONDENCE”

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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.