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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » December » 01
THE FIFTH LEGAL CHRISTMAS MUSIC CONTEST 2020: BECOME A LYRIC WRITER AND GET RECORDED: SUPPORTING FOOD BANKS

THE FIFTH LEGAL CHRISTMAS MUSIC CONTEST 2020: BECOME A LYRIC WRITER AND GET RECORDED: SUPPORTING FOOD BANKS

December 1, 2020 · by gexall · in Charity, Members Content, Well being

The Legal Christmas Music contest is back, for the fifth year running.  All that is required to enter is that you make, or agree you will make,  a donation to a food bank: after that is (as ever) down to…

"PROCEDURAL RIGOUR IS IMPORTANT NOT FOR ITS OWN SAKE. IT IS IMPORTANT IN ORDER FOR JUSTICE TO BE DONE"

“PROCEDURAL RIGOUR IS IMPORTANT NOT FOR ITS OWN SAKE. IT IS IMPORTANT IN ORDER FOR JUSTICE TO BE DONE”

December 1, 2020 · by gexall · in Appeals, Members Content, Written advocacy

In R v Secretary of State for Health and Social Care and Secretary of State for Education ex parte Dolan and Others. [2020] EWCA Civ 1605 the Court of Appeal rejected an argument that the “lockdown” regulations were unlawful. However,…

A BARRISTER OF “GOOD JUDGEMENT”: WHEN THE PERSON WHO USUALLY DOES THE CROSS-EXAMINING IS IN THE WITNESS BOX

December 1, 2020 · by gexall · in Civil evidence, Damages, Members Content, Professional negligence,, Witness statements

The judgment of Mr Justice Jay in Torrance v Bradberry [2020] EWHC 3260 (QB) is one that should be read by every practising lawyer. It is a case of a lawyer as defendant, being accused of negligence in their conduct…

"WHEN MUST AN UNSUCCESSFUL LITIGANT ACCEPT "NO" FOR AN ANSWER?": COURT OF APPEAL DECISION

“WHEN MUST AN UNSUCCESSFUL LITIGANT ACCEPT “NO” FOR AN ANSWER?”: COURT OF APPEAL DECISION

December 1, 2020 · by gexall · in Access to justice, Appeals, Civil Procedure, Members Content

In Wingfield, R (on the application of) v Canterbury City Council & Anor [2020] EWCA Civ 1588 the Court of Appeal considered the provisions of CPR 52.30 which provide an extremely limited chance of persuading a court to reconsider a…

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A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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