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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » October » 31
YOU'RE FIRED: A LITIGATOR ON THE APPRENTICE 6: SOMEWHAT DOWN AT HEEL: "BASICALLY - ITS JUST A LOT OF FANCY BOLLOCKS FOR SOME SHOES"

YOU’RE FIRED: A LITIGATOR ON THE APPRENTICE 6: SOMEWHAT DOWN AT HEEL: “BASICALLY – ITS JUST A LOT OF FANCY BOLLOCKS FOR SOME SHOES”

October 31, 2018 · by gexall · in Case Management, Civil evidence, Members Content

Our lawyers have yet to the decent thing and get fired.   Both were in the losing team this week. Their entire team got called back in to get fired. Both survived. Their fancy high heeled shoe was beaten by a…

WITNESS STATEMENTS AND SOURCES OF INFORMATION AND BELIEF: 10 KEY POINTS THAT LITIGATORS SHOULD KNOW: A JUDGE MAKE GET A BIT IRKED IF YOU TRY TO USURP THEIR ROLE

WITNESS STATEMENTS AND SOURCES OF INFORMATION AND BELIEF: 10 KEY POINTS THAT LITIGATORS SHOULD KNOW: A JUDGE MAKE GET A BIT IRKED IF YOU TRY TO USURP THEIR ROLE

October 31, 2018 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

The post earlier today on the deficiencies in a witness statement  that led to it being excluded provides a good opportunity to reprise certain key points.  Not only was the excluded statement essentially “commentary” and “opinion” it also failed to…

WITNESS STATEMENT EXCLUDED BECAUSE IT WAS OF NO USE: THE DANGERS OF NOT KNOWING THE RULES RELATING TO WITNESS EVIDENCE

WITNESS STATEMENT EXCLUDED BECAUSE IT WAS OF NO USE: THE DANGERS OF NOT KNOWING THE RULES RELATING TO WITNESS EVIDENCE

October 31, 2018 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content, Witness statements

I have noted, many times, on this blog the dangerous tendency of some practitioners to conflate witness statements with submissions.  Witness statements express opinions, comments on documents and the law and do not give the source of information and belief. …

COURT CLOSURES: THE HUMAN COSTS: WATCH THE MOVIE

COURT CLOSURES: THE HUMAN COSTS: WATCH THE MOVIE

October 31, 2018 · by gexall · in Access to justice, Members Content, Useful links

Suffolk Law Centre has produced a short video, available on Youtube, to highlight the human impact of court closures. THE VIDEO The video shows the human cost (and the actual cost) of travelling to court centres that are now a…

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  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
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  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
  • SERVICE POINTS 51: HIGH COURT REFUSES TO SET ASIDE AN ORDER ALLOWING SERVICE BY EMAIL ON THE DEFENDANT’S SOLICITORS

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COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
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COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...

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