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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » May » 27
HILLSBOROUGH AND WITNESS STATEMENTS 1 (A REPEAT): THE INITIAL PROCESS AND SUBSEQUENT AMENDMENTS

HILLSBOROUGH AND WITNESS STATEMENTS 1 (A REPEAT): THE INITIAL PROCESS AND SUBSEQUENT AMENDMENTS

May 27, 2021 · by gexall · in Civil evidence, Members Content, Webinar, Witness statements

This is a repeat of a post first written on this blog in April 2016.  There is always a danger in writing about a tragedy that the human consequences, the pain and suffering of the victims and family members are…

LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS "NOT A MATTER OF RIGHT"

LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT”

May 27, 2021 · by gexall · in Civil evidence, Civil Procedure, Conduct, Expert evidence, Experts, Members Content

Over the years we have seen some biting judgments about the conduct of experts in civil litigation.  I struggle to recall one as extraordinary as the judgment of Mrs Justice Joanna Smith in  Dana UK AXLE Ltd v Freudenberg FST…

WITNESS STATEMENTS: HILLSBOROUGH AND THE ROLE OF THE SOLICITOR

WITNESS STATEMENTS: HILLSBOROUGH AND THE ROLE OF THE SOLICITOR

May 27, 2021 · by gexall · in Civil evidence, Members Content, Witness statements

The previous post on this blog presented what is most probably the first academic research into the taking of witness statements. It is remarkable that such a central part of the lawyer’s role remains unresearched.  The blunt reality is that…

RESEARCH INTO THE TAKING OF WITNESS STATEMENTS: A POST FROM PROFESSOR PENNY COOPER AND DR MICHELLE MATTISON

May 27, 2021 · by gexall · in Civil evidence, Members Content, Witness statements

A recent High Court decision emphasised that all legal cases are, in reality, all about the facts. Despite that there is very little research into the role of the judge as fact finder.  There is even less research on the…

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