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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

January 29, 2021 · by gexall · in Civil Procedure, Coronavirus, Members Content

The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021.   THE AMENDED PRACTICE DIRECTION Is available here.  THE RULE 1.1 of the PD now reads ” This…

WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021

WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021

January 29, 2021 · by gexall · in Avoiding negligence claims, Limitation, Members Content, Webinar

On the 4th February I am giving a webinar “Limitation Avoiding Problems and Pitfalls”. THE WEBINAR This webinar looks at the major problem areas in limitation for personal injury litigants. It identifies, and helps litigators avoid, all those difficult areas…

PART 36 AND THE ASSESSMENT OF COSTS: CLAIMANT ALLOWED TO RAISE THE ISSUE LATE, BUT TO NO GREAT AVAIL

PART 36 AND THE ASSESSMENT OF COSTS: CLAIMANT ALLOWED TO RAISE THE ISSUE LATE, BUT TO NO GREAT AVAIL

January 29, 2021 · by gexall · in Assessment of Costs, Costs, Members Content, Part 36

In Best v Luton & Dunstable Hospital NHS Foundation Trust [2021] EWHC B2 (Costs) Costs Judge Leonard allowed a claimant to raise an argument as to Part 36 benefits following an offer in assessment proceedings.  However it was held that…

GIVING THE SOURCE OF INFORMATION AND BELIEF IN WITNESS STATEMENTS: A MANDATORY OBLIGATION THAT IT IS DANGEROUS TO OVERLOOK

January 29, 2021 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We have looked many times at cases where problems have occurred because someone making a witness statement fails to comply with the mandatory obligation to give the sources of their information and belief.  The problems this can lead to are shown…

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
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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