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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » November » 05
EXPERTS BEHAVING BADLY: WHY RECENTLY CROSS-EXAMINED EXPERTS SHOULD NOT E-MAIL THE OTHER SIDE'S COUNSEL...

EXPERTS BEHAVING BADLY: WHY RECENTLY CROSS-EXAMINED EXPERTS SHOULD NOT E-MAIL THE OTHER SIDE’S COUNSEL…

November 5, 2018 · by gexall · in Case Management, Conduct, Expert evidence, Experts, Members Content

In D (A child : parental alienation) [2018] EWFC B64 HHJ Clifford Bellamy had to deal with the unusual situation in which an expert witness e-mailed counsel who had cross-examined him. “I was surprised, therefore, to receive an email from Mr…

THE JUSTICE PAPERS FOR JUSTICE WEEK:  ESSENTIAL READING: VIEWS FROM THE SHARP END

THE JUSTICE PAPERS FOR JUSTICE WEEK: ESSENTIAL READING: VIEWS FROM THE SHARP END

November 5, 2018 · by gexall · in Access to justice, Members Content, Useful links

The Bar Council has circulated  links to a number of papers written in support of Justice Week : “a series of personal accounts giving first-hand insight into the crises occurring across the system.”  Every one of these deserves the widest publicity…

RESPONDENTS ALLOWED TO COMMENT AT HEARING : NEVERTHELESS SURVIVES A COSTS ORDER ON APPEAL

RESPONDENTS ALLOWED TO COMMENT AT HEARING : NEVERTHELESS SURVIVES A COSTS ORDER ON APPEAL

November 5, 2018 · by gexall · in Appeals, Civil evidence, Costs, Members Content, Witness statements

In  Bhogal & Anor v Knight [2018] EWHC 2952 (Ch) the appellants failed in their appeal following an order that the respondent pay the costs of their initial application. The procedure described in the judgment is instructive.  It was yet another…

REVEALING THE TRUE IDENTITY OF A WITNESS IN CIVIL PROCEEDINGS: APPLICATION FOR ANONYMITY SCUTTLED

REVEALING THE TRUE IDENTITY OF A WITNESS IN CIVIL PROCEEDINGS: APPLICATION FOR ANONYMITY SCUTTLED

November 5, 2018 · by gexall · in Case Management, Civil evidence, Members Content, Witness statements

In the judgment today in  Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors [2018] EWHC 2929 (Comm) Mr Justice Teare allowed an application by the defendants that the true identity of a witness be disclosed.  The witness…

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Recent Posts

  • THE CURRENT IMPORTANCE OF PLEADINGS 88: ANOTHER CASE STRUCK OUT BECAUSE OF INADEQUATE PLEADINGS: “THE DEFENDANTS ARE ENTITLED TO KNOW THE CASE AGAINST THEM…”
  • THE CURRENT IMPORTANCE OF PLEADINGS 87: A CLAIM CAN BE STRUCK OUT ON AN ANALYSIS OF THE PLEADED CASE
  • EXPERT WATCH 64: LOOKING AT THE CONSEQUENCES OF AN EXPERT REPORTING BADLY
  • COST BITES 428 : IF THERE IS NO CHARGING CLAUSE IN THE WILL CAN THE SOLICITOR GET PAID?
  • COST BITES 427: WHEN A SOLICITOR ABANDONS AN ASSESSMENT: PERSONAL LIABILITY AND INDEMNITY COSTS FOLLOW

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COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"
THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON
ARTIFICIAL INTELLIGENCE IN COURT: AN INTERESTING PRACTICE DIRECTION FROM THE HIGH COURT IN IRELAND : GOOD ADVICE FOR US ALL
COST BITES 424: A CLAIM FOR 30.5 HOURS IN ONE DAY: A SCHEDULE "SO UNRELIABLE IT CANNOT FORM THE BASIS FOR ASSESSMENT"
ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

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