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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

October 30, 2020 · by gexall · in Advocacy, Conduct, Members Content

A tweet from a barrister, this afternoon complained, in essence about the “pointless aggression” of an opponent. It has gathered lots of support.   One thing that judges, from around the world, are universally keen on is courtesy.   This gives me…

A "LACK OF OBJECTIVITY" IN AN EXPERT'S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT

A “LACK OF OBJECTIVITY” IN AN EXPERT’S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT

October 30, 2020 · by gexall · in Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

In Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) HHJ Freedman (sitting as a Deputy High Court Judge) made some telling observations about the lack of objectivity of the defendant’s expert. THE CASE The claimant…

THE IMPORTANCE OF GETTING EVIDENCE EARLY:  "I DON'T REMEMBER NOW & I WON'T REMEMBER ANYTHING IF I COME TO COURT"

THE IMPORTANCE OF GETTING EVIDENCE EARLY: “I DON’T REMEMBER NOW & I WON’T REMEMBER ANYTHING IF I COME TO COURT”

October 30, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

The observations of Mr Justice Nicklin in Rayner v Seabourne-Hawkins [2020] EWHC 2895 (QB) highlight the importance of gathering evidence promptly.  It also contains the text of a highly perceptive letter from a prospective witness that, in many ways, highlights…

TOP 10 HALLOWEEN WORRIES FOR LAWYERS: TIME LIMITS, TRIAL BUNDLES AND WAKING UP IN THE MIDDLE OF THE NIGHT...

TOP 10 HALLOWEEN WORRIES FOR LAWYERS: TIME LIMITS, TRIAL BUNDLES AND WAKING UP IN THE MIDDLE OF THE NIGHT…

October 30, 2020 · by gexall · in Applications, Avoiding negligence claims, Members Content, Useful links

Today is a special day and I thought I’d start by looking at what scares lawyers most?  This was discussed in 2017, there was another useful post on scary stuff in 2018.  I have made a selection from the 2017…

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Top Posts

  • MAZUR MATTERS 11: WHAT IS MEANT BY "THE CONDUCT OF LITIGATION" 2: WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS
  • EXPERT WATCH 17: A DETAILED CONSIDERATION BY THE HIGH COURT OF WHEN EXPERT EVIDENCE IS PERMITTED OR "REASONABLY REQUIRED": COMPLIANCE WITH THE RULES IS VERY IMPORTANT HERE
  • SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)
  • SERVICE POINTS 13: IS A CLAIMANT SAVED BY THE FACT THAT THE DEFENDANT DID NOT FILE AN ACKNOWLEDGMENT OF SERVICE OR MAKE AN APPLICATION UNDER CPR 11? THE COURT OF APPEAL HAVE A VIEW...
  • WITNESS STATEMENTS: GUIDANCE FOR THOSE WHO TAKE THEM AND THOSE WHO SUPERVISE THEM: WEBINAR 15th OCTOBER 2025

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