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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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PERSONAL INJURY COSTS 2021: WATCH THE "SAINT AND GREAVSIE" OF THE COSTS BAR

PERSONAL INJURY COSTS 2021: WATCH THE “SAINT AND GREAVSIE” OF THE COSTS BAR

March 31, 2021 · by gexall · in Costs, Costs budgeting, Personal Injury

My colleagues Craig Ralph and Andrew Hogan have delivered a webinar “Personal Injury Costs 2021” which is now available on the Kings Chambers website.   THE WEBINAR The webinar takes you through the hot topics relating to personal injury costs. …

FROM TODAY I AM AN ASSOCIATE TENANT AT 4-5 GRAY'S INN SQUARE

FROM TODAY I AM AN ASSOCIATE TENANT AT 4-5 GRAY’S INN SQUARE

March 31, 2021 · by gexall · in Civil evidence

I am delighted to report that from today I have become an associate tenant at 4-5 Gray’s Inn Square.     THE ANNOUNCEMENT “A huge welcome to Gordon Exall who joins 4-5 as an Associate Tenant. He brings first class expertise…

WITNESS STATEMENTS IN THE BUSINESS AND PROPERT COURTS: GESTMIN PRINCIPLES NOW ENSHRINED IN THE RULES

WITNESS STATEMENTS IN THE BUSINESS AND PROPERT COURTS: GESTMIN PRINCIPLES NOW ENSHRINED IN THE RULES

March 31, 2021 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Webinar, Witness statements

From the 6th April this year some of the  key principles from  the judgment  in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm) are effectively enshrined into the rules.  Key parts of the Gestmin principles are included in the Appendix to…

EXPERT WITNESSES & CONFLICTS OF INTEREST: HIGH COURT UPHOLDS DECISION TO ERASE DOCTOR FROM RECORD BECAUSE OF HIS CONDUCT AS AN EXPERT WITNESS

EXPERT WITNESSES & CONFLICTS OF INTEREST: HIGH COURT UPHOLDS DECISION TO ERASE DOCTOR FROM RECORD BECAUSE OF HIS CONDUCT AS AN EXPERT WITNESS

March 31, 2021 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts

Every litigator and, particularly, every expert witness should have a very close read of the judgment of Mr Justice Mostyn in Bux v The General Medical Council [2021] EWHC 762.  Although it is a decision in the administrative court it…

WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)

WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)

March 31, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?”  The answer is yes, for some documents at least.   The lawyer has to remember (i) what…

THE OVERRIDING OBJECTIVE AND CPR CANNOT BE USED TO OVERRIDE THE REQUIREMENT THAT CASES BE DEALT WITH "JUSTLY": HIGH COURT DECISION

THE OVERRIDING OBJECTIVE AND CPR CANNOT BE USED TO OVERRIDE THE REQUIREMENT THAT CASES BE DEALT WITH “JUSTLY”: HIGH COURT DECISION

March 30, 2021 · by gexall · in Appeals, Civil Procedure, Injunctions

The judgment of Mr Justice Lane in Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 shows an unsuccessful attempt to argue that the “overriding objective” justified a preliminary finding made after the court did not hear evidence….

CONSTRUING REGULATIONS AFTER BREXIT: COURT OF APPEAL GUIDANCE: THE CASE OF THE ABSENT PILOT

CONSTRUING REGULATIONS AFTER BREXIT: COURT OF APPEAL GUIDANCE: THE CASE OF THE ABSENT PILOT

March 30, 2021 · by gexall · in Appeals, Brexit

I am grateful to my colleague Michael Rawlinson QC for sending me a copy of the Court of Appeal judgment in Lipton -v- BA City Flyer Limited [2021] EWCA Civ 454. The judgment of Lord Justice Green contains a comprehensive…

CHILDREN AND LIMITATION IN FATAL ACCIDENTS: LIMITATION AND THE DEATH OF CHILDREN

CHILDREN AND LIMITATION IN FATAL ACCIDENTS: LIMITATION AND THE DEATH OF CHILDREN

March 29, 2021 · by gexall · in Avoiding negligence claims, Fatal Accidents, Limitation

The law of limitation for  Fatal Accidents Act claims for children is often misunderstood.    Here we look at the limitation period in relation to fatal accident claims and children.  There are two issues: the limitation period when any of…

DRAFTING WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS AFTER THE 5th APRIL: THE QUESTIONS YOU ASK WILL DETERMINE THE ANSWERS YOU GET

DRAFTING WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS AFTER THE 5th APRIL: THE QUESTIONS YOU ASK WILL DETERMINE THE ANSWERS YOU GET

March 29, 2021 · by gexall · in Civil evidence, Civil Procedure, Webinar, Witness statements

This blog has looked in detail at the rule changes coming into force early next month.  In particular there is a need for the whole process of taking witness statements to be transparent.  Lawyers are enjoined not to ask leading…

"POSSIBLE CRIMINAL ACTIONS THAT MAY HAVE TAKEN PLACE IN THIS CASE INCLUDE PERJURY, CONSPIRACY TO DEFRAUD AND CONSPIRACY TO PERVERT THE COURT OF JUSTICE": THE NON-EXISTENT TRIP TO ILKLEY

“POSSIBLE CRIMINAL ACTIONS THAT MAY HAVE TAKEN PLACE IN THIS CASE INCLUDE PERJURY, CONSPIRACY TO DEFRAUD AND CONSPIRACY TO PERVERT THE COURT OF JUSTICE”: THE NON-EXISTENT TRIP TO ILKLEY

March 26, 2021 · by gexall · in Civil evidence, Civil Procedure, Witness statements

The judgment of HH Judge Davis-White QC (sitting as a High Court Judge) in The British University in Dubai v Ebrahimi [2021] EWHC 757 (Ch) contains clear findings of fact in relation to three witnesses.  Among the matters of interest…

LIMITATION AND EXPOSURE TO ASBESTOS: CLAIMANT DID NOT HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE & ACTION ISSUED WITHIN TIME

LIMITATION AND EXPOSURE TO ASBESTOS: CLAIMANT DID NOT HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE & ACTION ISSUED WITHIN TIME

March 26, 2021 · by gexall · in Limitation, Personal Injury

In  Balls v Reeve & Anor [2021] EWHC 751 (QB) David Pittaway QC (sitting as a Deputy Judge of the High Court) found that the claimant’s date of knowledge was not more than three years prior to issue. THE CASE…

A CAP OF 25% ON COSTS TO BE DEDUCTED FROM DAMAGES GIVES RISE TO PRESUMPTION OF INFORMED CONSENT FROM CLIENT

A CAP OF 25% ON COSTS TO BE DEDUCTED FROM DAMAGES GIVES RISE TO PRESUMPTION OF INFORMED CONSENT FROM CLIENT

March 26, 2021 · by gexall · in Costs, Success Fees

The Law Society Gazette carries a report of the decision of Regional Costs Judge Rouine in Swann -v- Slater & Gordon. The judge decided that the existence of a cap on costs liability of 25% indicated that a claimant/client had…

"WHAT'S THE DIFFERENCE BETWEEN A WITNESS STATEMENT AND SUBSTANTIVE SUBMISSIONS"

“WHAT’S THE DIFFERENCE BETWEEN A WITNESS STATEMENT AND SUBSTANTIVE SUBMISSIONS”

March 26, 2021 · by gexall · in Civil evidence, Civil Procedure, Witness statements, Written advocacy

The title of this piece is a search term that led someone to this blog today.  Again it caused me to repeat a point made several years ago on this blog.     THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS In a…

MORE ON WHAT TO DO WHEN THINGS GO WRONG: GOOD ADVICE IN TIMES OF STRESS AND PANIC

MORE ON WHAT TO DO WHEN THINGS GO WRONG: GOOD ADVICE IN TIMES OF STRESS AND PANIC

March 25, 2021 · by gexall · in Avoiding negligence claims, Useful links, Well being

The Law Society Gazette today has an article by John Hyde “Prosecute the firms that force junior solicitors to cover up mistakes”.  The central thrust of the argument is that there has to be a duty on firms employing lawyers…

"THE OPTIMUM CASELOAD": WHY YOU SHOULD READ AN ARTICLE ABOUT IT?

“THE OPTIMUM CASELOAD”: WHY YOU SHOULD READ AN ARTICLE ABOUT IT?

March 25, 2021 · by gexall · in Avoiding negligence claims, Well being

Workload is likely to be the main source of stress for most litigators. The very basic issue of what is an appropriate caseload for litigators is often complained about but rarely analysed.  Here we look at one sensible, and wholly…

WITNESS STATEMENTS THE TIMES WILL SOON BE CHANGING: "A SOMEWHAT OVERLAWYERED DOCUMENT": "A LOT OF COMMENT THAT IS INADMISSIBLE"

WITNESS STATEMENTS THE TIMES WILL SOON BE CHANGING: “A SOMEWHAT OVERLAWYERED DOCUMENT”: “A LOT OF COMMENT THAT IS INADMISSIBLE”

March 24, 2021 · by gexall · in Civil evidence, Witness statements

The judgment of John Kimbell QC (sitting as a Deputy High Court Judge) in One Blackfriars Ltd, Re [2021] EWHC 684 (Ch) provides a reminder as to why the strictures as to witness statements are being tightened next month. “It…

MAKING MISTAKES AS A YOUNG LAWYER: HELPFUL GUIDANCE - WITH A LITTLE HELP FROM MY FRIENDS...

MAKING MISTAKES AS A YOUNG LAWYER: HELPFUL GUIDANCE – WITH A LITTLE HELP FROM MY FRIENDS…

March 24, 2021 · by gexall · in Avoiding negligence claims, Well being

The post yesterday on making mistakes as a young lawyer got a lot of attention and comment.  For that reason I have decided to re-post something on the same vein.  This post is based on guidance given on Twitter in…

MAKING MISTAKES AS A YOUNG LAWYER (INDEED A LAWYER OF ANY AGE): LEARNING HOW TO CRASH LAND

MAKING MISTAKES AS A YOUNG LAWYER (INDEED A LAWYER OF ANY AGE): LEARNING HOW TO CRASH LAND

March 23, 2021 · by gexall · in Avoiding negligence claims, Well being

There have been reports today of an overturning of an SRA decision, with remission back to the SDT, of a case of a young solicitor who made the mistake of leaving documents on a train.  The real issue came with…

WITNESS STATEMENTS: KEEPING DRAFTS AND "THE SHREWSBURY 24": LESSONS FROM PAST MISTAKES

WITNESS STATEMENTS: KEEPING DRAFTS AND “THE SHREWSBURY 24”: LESSONS FROM PAST MISTAKES

March 23, 2021 · by gexall · in Civil evidence, Civil Procedure, Witness statements

It may seem strange to link the highly important Court of Appeal decision in Warren & Ors v R. [2021] EWCA Crim 413 with modern civil litigation. However this is an important case and there are direct parallels to many…

COURT ALLOWS ASSESSMENT OF SOLICITOR’S BILLS OUTSIDE 12 MONTHS: PUBLIC SPIRITED LITIGATION DOES NOT AMOUNT TO SPECIAL CIRCUMSTANCES

March 23, 2021 · by gexall · in Assessment of Costs, Costs

I am grateful to Mark Carlisle  for sending me a copy of the judgment of Master Brown in Erlam -v- Edmonds Marshall McMahon Limited (SCCO – 19th November 2020 – a copy available here Erlam v Edmonds Marshall McMahon Ltd…

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