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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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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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