Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » December » 19
"THEY LOST": THE DANGERS OF OVERCONFIDENCE IN CORRESPONDENCE

“THEY LOST”: THE DANGERS OF OVERCONFIDENCE IN CORRESPONDENCE

December 19, 2019 · by gexall · in Appeals, Applications, Civil evidence, Conduct, Members Content

“Never write anything you will be embarrassed by the court reading” is an essential piece of advice for all lawyers (and one I suspect we have all, occasionally, breached). An example can be seen in the opening lines of the…

PART 36, FATAL ACCIDENT CLAIMS AND PRE-ACTION SETTLEMENT: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH

PART 36, FATAL ACCIDENT CLAIMS AND PRE-ACTION SETTLEMENT: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH

December 19, 2019 · by gexall · in Appeals, Applications, Fatal Accidents, Members Content, Part 36

The judgment of Mr Justice Turner in Kore v Brocklebank [2019] EWHC 3491 (QB) raises some interesting issues in relation to Part 36 and fatal accident claims.  It means that both claimants and defendants will have to take considerable care…

THE COURT WILL NOT READILY IMPLY SANCTIONS INTO ORDERS THAT DO NOT EXPRESSLY CONTAIN SANCTIONS: AN EARLY CHRISTMAS PRESENT FOR LITIGATORS

THE COURT WILL NOT READILY IMPLY SANCTIONS INTO ORDERS THAT DO NOT EXPRESSLY CONTAIN SANCTIONS: AN EARLY CHRISTMAS PRESENT FOR LITIGATORS

December 19, 2019 · by gexall · in Applications, Case Management, Civil Procedure, Members Content, Relief from sanctions

In  Djurberg v London Borough of Richmond & Ors [2019] EWHC 3342 (Ch) Chief Master Marsh held that a party did not require relief from sanctions when it failed to comply with a court order that did not impose a…

APPEALING A PROVISIONAL ASSESSMENT IS NOT A JAMBOREE: APPELLANT HAS TO STATE WHAT THEY ARE APPEALING AND HEARING IS CONFINED TO THOSE MATTERS

APPEALING A PROVISIONAL ASSESSMENT IS NOT A JAMBOREE: APPELLANT HAS TO STATE WHAT THEY ARE APPEALING AND HEARING IS CONFINED TO THOSE MATTERS

December 19, 2019 · by gexall · in Appeals, Costs, Members Content

In  PME v The Scout Association [2019] EWHC 3421 (QB) Mr Justice Stewart upheld the decision of Master Leonard in relation to the scope of an appeal from a costs officer. “The consequences of the Appellant’s case are wholly undesirable….

WITNESS EVIDENCE AND CLINICAL NEGLIGENCE: TO WHAT EXTENT IS "HYPOTHETICAL" EVIDENCE FROM DOCTORS ADMISSIBLE?

WITNESS EVIDENCE AND CLINICAL NEGLIGENCE: TO WHAT EXTENT IS “HYPOTHETICAL” EVIDENCE FROM DOCTORS ADMISSIBLE?

December 19, 2019 · by gexall · in Applications, Civil evidence, Clinical Negligence, Members Content, Witness statements

The judgment of Mrs Justice Lambert in AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB), provides an important lessons for those who draft witness statements, particularly on behalf of defendants in clinical negligence cases.   The question is…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.3K other subscribers

Recent Posts

  • WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026
  • THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION
  • THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM
  • THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)
  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.