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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 25
ASSESSING WITNESS CREDIBILITY:  A REMINDER OF THE BASIC PRINCIPLES

ASSESSING WITNESS CREDIBILITY: A REMINDER OF THE BASIC PRINCIPLES

May 25, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

Today is  is a good day to look  again at the judgment of Mr Justice Leggatt in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm).  This is case that is now mentioned regularly in cases involving witness recollection and…

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

May 25, 2020 · by gexall · in Applications, Avoiding negligence claims, Extensions of time, Members Content, Service of the claim form

 Service of the claim form remain a major cause of problems.  Here we re-cap (not for the first time) on the basic causes of  many of the problems, with links through to the many posts on this subject. This post…

ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE  -  NOT A GOOD REASON TO DEPART FROM THE BUDGET

ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE – NOT A GOOD REASON TO DEPART FROM THE BUDGET

May 25, 2020 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Members Content

In  Utting v City College Norwich [2020] EWHC B20 (Costs) Master Brown rejected an argument that an “underspend” amounted to a good reason to depart from a budget. I am grateful to Paul Kay from R Costings for drawing this…

COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN'T BOUGH DOWN TO THE RULES...

COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN’T BOUGH DOWN TO THE RULES…

May 25, 2020 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

This week, providing there are no major developments that draw us elsewhere, the repeats are going to be about cases relating to experts.  Firstly we go back to 2014 the judgment of Mr Justice Coulson in Stagecoach Great Western Trains -v- Hind…

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Recent Posts

  • 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)
  • COST BITES 391: TOO MUCH CORRESPONDENCE, GRADE C RATES NOT INCREASED AND “SO CALLED” SKELETON ARGUMENTS, WHICH REPEAT THE CONTENTS OF OVER-LENGTHY WITNESS STATEMENTS
  • AVOIDING THE PITFALLS: BUNDLES, WITNESSES AND PREPARING FOR TRIAL: WEBINAR ON 29th MAY 2026: IT MAY BE A WHOLE BUNDLE OF FUN
  • COST BITES 391: COURT OF APPEAL UPHOLDS DECISION THAT SOLICITOR’S BILL SHOULD BE ASSESSED AT “NIL”: THERE IS NO “RESTITUTIONARY” RIGHT TO DAMAGES WHERE THE CFA ITSELF MADE EXPRESS PROVISIONS FOR THESE CIRCUMSTANCES
  • THE USE OF ARTIFICIAL INTELLIGENCE – LANDING SOLICITORS IN SERIOUS TROUBLE AGAIN (AND DON’T BLAME THE AI FOR EVERYTHING – IT ACTUALLY GAVE OUT WARNINGS TO CHECK…)

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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)
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