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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » April » 08
THE GAVEL, THE WIG AND THE MINISTRY OF JUSTICE:  PERPETUATING INACCURACY IS NOT ITS ROLE

THE GAVEL, THE WIG AND THE MINISTRY OF JUSTICE: PERPETUATING INACCURACY IS NOT ITS ROLE

April 8, 2018 · by gexall · in Access to justice, Members Content

It comes as a surprise to many that judges in England and Wales do not use gavels.  It is a widespread myth. Many images of judges in the media have a judge with gavel in hand. There is a Twitter…

SPEAKING TO YOUR WITNESS IN THE COURSE OF THEIR EVIDENCE: STRIKE OUT DECISION UPHELD ON APPEAL

SPEAKING TO YOUR WITNESS IN THE COURSE OF THEIR EVIDENCE: STRIKE OUT DECISION UPHELD ON APPEAL

April 8, 2018 · by gexall · in Abuse of Process, Case Management, Civil evidence, Members Content, Striking out, Witness statements

An earlier post reported on the decision of the Employment Tribunal in Chidzoy -v- BBC (available here). It illustrates the dangers of a witness talking to anyone in the course of their evidence.  This case emphasises the importance of witnesses not…

CIVIL PROCEDURE - BACK TO BASICS 2:  "EVIDENCE IN SUPPORT" OF AN APPLICATION

CIVIL PROCEDURE – BACK TO BASICS 2: “EVIDENCE IN SUPPORT” OF AN APPLICATION

April 8, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

The previous post looked at some of the basic requirements of an application to the court.  Here we look at  the evidence that may be needed in support of an application.  The key point here being “evidence”.  Numerous hours are…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
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