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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » April » 04
CIVIL LITIGATORS AND THE SECRET BARRISTER 5: PUBLIC LEGAL EDUCATION: IT MAY NOT BE A BOON, HOWEVER IT IS PROBABLY A MUST

CIVIL LITIGATORS AND THE SECRET BARRISTER 5: PUBLIC LEGAL EDUCATION: IT MAY NOT BE A BOON, HOWEVER IT IS PROBABLY A MUST

April 4, 2018 · by gexall · in Book Review, Members Content

There is a mug, available online, which reads “Don’t you mistake your Google search for my law degree”.  I am sure that many lawyers have been tempted to purchase a set. The Google search may not be helpful, however a…

ADVOCACY: THE JUDGE'S VIEW SERIES 2 PART 10: EDITED HIGHLIGHTS: AROUND THE WORLD IN 147 DAYS

ADVOCACY: THE JUDGE’S VIEW SERIES 2 PART 10: EDITED HIGHLIGHTS: AROUND THE WORLD IN 147 DAYS

April 4, 2018 · by gexall · in Advocacy, Members Content, Written advocacy

I never planned to write a second series on advice from judges on advocacy. It started with an article from Master Cook and developed from there.This led us to garner advice from judges around the world.  Here are the edited…

THE NEW ELECTRONIC BILL OF COSTS: ONE DAY TO GO: USEFUL LINKS AND GUIDANCE

THE NEW ELECTRONIC BILL OF COSTS: ONE DAY TO GO: USEFUL LINKS AND GUIDANCE

April 4, 2018 · by gexall · in Costs, Members Content, Rule Changes, Useful links

The electronic bill of costs will be compulsory from the 6th April. Here are some useful links to help you prepare and survive.  I will add to these if anyone has any particular recommendations.   PRACTICE DIRECTIONS The Practice Direction…

LISTING IN THE COUNTY COURT: AN EVERY DAY STORY OF EVER DAY FOLK: "WE'VE GOT NO JUDGES"

LISTING IN THE COUNTY COURT: AN EVERY DAY STORY OF EVER DAY FOLK: “WE’VE GOT NO JUDGES”

April 4, 2018 · by gexall · in Abuse of Process, Access to justice, Adjournments, Civil Procedure, Members Content

Problems with listing are one of the hidden problems of civil procedure.  Hearings are listed and then pulled out at the last moment, often after the parties have arrived at court.  This is an issue that should be publicised.  It…

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  • 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”
  • COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?
  • COST BITES 410: A CLAIMANT’S COMPLIANCE WITH THE RULES RELATING TO ISSUE AND PLEADING CANNOT BE USED AS A GROUNDS FOR REDUCING ITS RECOVERABLE COSTS

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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..."
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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

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