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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2019 » June » 06
A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : "NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE"

A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : “NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE”

June 6, 2019 · by gexall · in Avoiding negligence claims, Statements of Case, Statements of Truth, Witness statements

The previous post on this blog was about the importance of giving the source of information or belief and first hand witness evidence. However whenever a lawyer signs a document with a statement of truth they are taking their career…

THE DANGERS OF A LAWYER GIVING EVIDENCE: A "SOMEWHAT STRANGLED VERSION" OF THE SOURCE OF INFORMATION & BELIEF: SUMMARY JUDGMENT APPLICATION DISMISSED BECAUSE OF PAUCITY OF  FIRST-HAND EVIDENCE

THE DANGERS OF A LAWYER GIVING EVIDENCE: A “SOMEWHAT STRANGLED VERSION” OF THE SOURCE OF INFORMATION & BELIEF: SUMMARY JUDGMENT APPLICATION DISMISSED BECAUSE OF PAUCITY OF FIRST-HAND EVIDENCE

June 6, 2019 · by gexall · in Applications, Civil evidence, Summary judgment, Witness statements

There are numerous posts on the blog about the need for first-hand evidence to be given, and the dangers of a lawyer making witness statements.  These risks are exemplified in the judgment of Chief Master Marsh today in The David…

EXPERT WITNESSES: A CRISIS IN THE CRIMINAL COURTS - RECOMMENDED READING FOR ALL LITIGATORS

EXPERT WITNESSES: A CRISIS IN THE CRIMINAL COURTS – RECOMMENDED READING FOR ALL LITIGATORS

June 6, 2019 · by gexall · in Expert evidence, Experts, Useful links

Matthew Scott’s “Barrister Blogger” blog is always an interesting read.  His latest post Expert witnesses: a crisis in the criminal courts  is essential reading for everyone involved in any type of litigation – and also for anyone who is an…

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  • SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY...
  • SNAILS, BOXES, RATES, OFFICES AND CIVIL PROCEDURE: A DRAFT JUDGMENT IS NOT AN INVITATION TO CRITIQUE IT
  • THE NEW WITNESS STATEMENT REQUIREMENTS AND ADMIRALTY CLAIMS: NEW RULES WILL APPLY
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