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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » March » 23
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, Members Content, 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, Members Content, 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, Members Content

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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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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