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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » July » 11
FATAL ACCIDENTS 4th EDITION: WANT A FREE  COPY? WHAT DOES YOUR CLIENT NEED YOU KNOW ABOUT BEREAVEMENT?

FATAL ACCIDENTS 4th EDITION: WANT A FREE COPY? WHAT DOES YOUR CLIENT NEED YOU KNOW ABOUT BEREAVEMENT?

July 11, 2019 · by gexall · in Fatal Accidents, Members Content

The 4th edition of Fatal Accidents was published last week.  The publishers, Lexis Nexis, have several copies they can give away.  I am looking for contributions (here or on Twitter) as to the most useful things that lawyers can know,…

DRAFTING WITNESS STATEMENTS: THE FINER DETAIL: NO ROOM FOR A MARGIN OF ERROR

DRAFTING WITNESS STATEMENTS: THE FINER DETAIL: NO ROOM FOR A MARGIN OF ERROR

July 11, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

 A search led to this blog today “witness statement margin” which led me to look this issue up and realise that, despite the dozens of posts on witness statements on this blog,  the important issue of margin size has never…

PROPORTIONALITY: SHOULD HINDSIGHT BE A FACTOR? EXTRACTS FROM O'HARE AND BROWNE ON CIVIL LITIGATION (YOU SAW IT HERE FIRST...)

PROPORTIONALITY: SHOULD HINDSIGHT BE A FACTOR? EXTRACTS FROM O’HARE AND BROWNE ON CIVIL LITIGATION (YOU SAW IT HERE FIRST…)

July 11, 2019 · by gexall · in Appeals, Costs, Members Content, Proportionality

I am grateful to John O’Hare for sending me an extract from the next edition of O’Hare and Browne on Civil Litigation (19th edition). It deals with proportionality and, in particular,  whether hindsight should be a factor in assessing proportionality. …

ROBUST DECISION TO STRIKE OUT PERSONAL INJURY CLAIM FOR NON-COMPLIANCE WITH RULES IS UPHELD ON APPEAL: BANDWAGONS & CRASH HELMETS IN BRADFORD COUNTY COURT

ROBUST DECISION TO STRIKE OUT PERSONAL INJURY CLAIM FOR NON-COMPLIANCE WITH RULES IS UPHELD ON APPEAL: BANDWAGONS & CRASH HELMETS IN BRADFORD COUNTY COURT

July 11, 2019 · by gexall · in Case Management, Extensions of time, Members Content, Relief from sanctions, Striking out

I am grateful to barrister Toby Coupe for sending me a copy of the decision of HHJ Gosnell in Aslam -v- The Secretary of State for Justice (17/05/2019), a copy of which is available here.    Aslam v Secretary of…

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  • THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”
  • SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS
  • WITNESS EVIDENCE WEDNESDAY: TIPS FOR TESTIFYING IN COURT: FROM THE UNITED STATE’S ATTORNEY’S OFFICE (MIDDLE DISTRICT OF PENNSYLVANIA)
  • SERVICE POINTS 43: WHY CPR 6.15 IS NOT THE “CAVALRY” COMING OVER THE HILL TO SAVE YOU IF THE CLAIM FORM HAS NOT BEEN SERVED PROPERLY
  • SERVICE POINTS 42: A £82 MILLION POUND FAILS BECAUSE THE CLAIM FORM WAS SENT BY EMAIL TO SOLICITORS WHO HAD NOT STATED THAT THEY WOULD ACCEPT SERVICE: AN OLD ISSUE (AND A BIG ONE)

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