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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » July » 09
NEARLY LEGAL: JOHNNY DEPP: WITNESS STATEMENTS AND SELF-PROTECTION FOR THE LAWYER: "EVERY LITIGATION SOLICITOR IN THE COUNTRY SIGHS HEAVILY IN WEARY FAMILIARITY..."

NEARLY LEGAL: JOHNNY DEPP: WITNESS STATEMENTS AND SELF-PROTECTION FOR THE LAWYER: “EVERY LITIGATION SOLICITOR IN THE COUNTRY SIGHS HEAVILY IN WEARY FAMILIARITY…”

July 9, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Members Content, Witness statements

A Tweet this evening, followed by a number of comments, causes me to repeat my advice on the necessity of the lawyer protecting themselves when drafting a witness statement on behalf of a client or witness.     NEARLY LEGAL…

CLAIMANT NOT ALLOWED TO AMEND CLAIM, OR INTRODUCE NEW EXPERT,  WHERE APPLICATION TO ADJOURN BECAUSE OF COVID ALLOWED

CLAIMANT NOT ALLOWED TO AMEND CLAIM, OR INTRODUCE NEW EXPERT, WHERE APPLICATION TO ADJOURN BECAUSE OF COVID ALLOWED

July 9, 2020 · by gexall · in Amendment, Applications, Civil Procedure, Clinical Negligence, Expert evidence, Members Content

In Ludlow -v- Buckinghamshire Healthcare NHS Trust & BMI Healthcare Ltd [2020] EWHC 1720 (QB) Mr Justice Jay allowed an application for an adjournment on the grounds that a trial could not take place remotely.  However, he refused the claimant’s…

CIVIL EVIDENCE AND THE BURDEN OF PROOF: WHEN WHO BEARS THE BURDEN CAN HAVE A MAJOR EFFECT ON THE OUTCOME OF A CASE

CIVIL EVIDENCE AND THE BURDEN OF PROOF: WHEN WHO BEARS THE BURDEN CAN HAVE A MAJOR EFFECT ON THE OUTCOME OF A CASE

July 9, 2020 · by gexall · in Appeals, Civil evidence, Members Content

The judgment of Mr Justice Birss in Emmanuel v Avison & Ors [2020] EWHC 1696 (Ch) contains some interesting observations about the burden of proof.  The burden lay with the claimant, despite the fact that if different proceedings had been…

FIXED RECOVERABLE COSTS, PART 36 AND "EXCEPTIONAL CIRCUMSTANCES": A CIRCUIT JUDGE DECISION

FIXED RECOVERABLE COSTS, PART 36 AND “EXCEPTIONAL CIRCUMSTANCES”: A CIRCUIT JUDGE DECISION

July 9, 2020 · by gexall · in Appeals, Costs, Fixed Costs, Members Content, Part 36

I am grateful to my colleague Erica Bedford for sending me a copy of the decision of HHJ Godsmark QC in Young -v- AXA Insurance UK Ltd, a copy of which is available here  LN2018-15 Young v AXA Judgment as…

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Recent Posts

  • 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)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • 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
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

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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