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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 21
THE (NOT SO) LONELY LITIGATOR'S CLUB 25: CLAIRE GREEN: THE COST LAWYER'S TALE (OR TWO TAILS IN FACT)

THE (NOT SO) LONELY LITIGATOR’S CLUB 25: CLAIRE GREEN: THE COST LAWYER’S TALE (OR TWO TAILS IN FACT)

May 21, 2020 · by gexall · in Coronavirus, Costs, Members Content, Well being

Our club is going to need a costs lawyer or two. So for our first costs lawyer member I went straight to the top. Claire Green is currently Chairman of the Association of  Costs Lawyers ( ACL) as well as…

HMCTS GUIDANCE "Keeping court and tribunal buildings safe, secure and clean"

HMCTS GUIDANCE “Keeping court and tribunal buildings safe, secure and clean”

May 21, 2020 · by gexall · in Coronavirus, Members Content

HMCTS have recently updated their guidance about  security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus (COVID-19) pandemic.  Some of the guidance puts obligations on lawyers and court users.  Having successfully avoided the pun for two…

THE COVERT RECORDING OF AN EXPERT'S EXAMINATION - THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT

THE COVERT RECORDING OF AN EXPERT’S EXAMINATION – THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT

May 21, 2020 · by gexall · in Arbitration,, Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

In October last year I wrote about the case of Mustard v Flower & Ors [2019] EWHC 2623 (QB).  The claimant recorded her consultation with the defendant’s medical expert and was given permission to produce these in evidence.  That case has…

EXPERTS CAN'T BE ADVOCATES: IT IS AS SIMPLE AS THAT

EXPERTS CAN’T BE ADVOCATES: IT IS AS SIMPLE AS THAT

May 21, 2020 · by gexall · in Applications, Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

There are some interesting observations about the role of the expert made by Judge Asif Malek in Neil Picklessharon Pickles v Revenue & Customs (Whether crediting a directors’ loan account which was freely available for the directors/members to draw upon…

COVID REPEATS 28: GOING BACK TO COLLEGE: THE NEED TO PROVE DAMAGES

COVID REPEATS 28: GOING BACK TO COLLEGE: THE NEED TO PROVE DAMAGES

May 21, 2020 · by gexall · in Civil evidence, Damages, Members Content

Today we are going back to the general theme of a failure to prove damages. One harsh shock for many litigants occurs when they are asked to prove their damages at trial. We have looked several times when a litigant…

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  • PROVING THINGS 291: WHAT WEIGHT DOES A JUDGE GIVE TO WITNESS STATEMENTS WHEN THE WITNESSES DO NOT ATTEND TRIAL AND (THE JUDGE FINDS) THERE IS NO GOOD REASON FOR THIS?
  • SERVICE POINTS 47: THE CASE ABOUT THE SECRETARY OF STATE AND THE UNSEALED CLAIM FORM: A RARE EXAMPLE OF “DENTON” PRINCIPLES APPLYING IN THESE CIRCUMSTANCES
  • THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 4: “CHOOSING SUPERVISORS” (THERE IS MUCH MORE TO THIS THAN MEETS THE EYE): PLUS TWO USEFUL CHECKLISTS
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  • THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: WHAT LITIGATION FIRMS NEED TO DO NOW – AND THE CONSEQUENCES IF THEY DON’T: WEBINAR JUNE 25th 2026 (A BARGAIN AT £99)

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  • 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

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