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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED:  WEBINAR 6th AUGUST

CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED: WEBINAR 6th AUGUST

July 29, 2024 · by gexall · in Civil evidence, Clinical Negligence, Damages, Fatal Accidents, Members Content, Webinar, Well being

There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…

A DEFENDANT IS ENTITLED TO SEEK TO AVOID SERVICE OF PROCEEDINGS: IT WON'T WIN YOU ANY HONOURS BUT IT IS NOT WRONG...

A DEFENDANT IS ENTITLED TO SEEK TO AVOID SERVICE OF PROCEEDINGS: IT WON’T WIN YOU ANY HONOURS BUT IT IS NOT WRONG…

July 29, 2024 · by gexall · in Appeals, Costs, Members Content, Service of the claim form, Serving documents, Webinar

In Broom v Aguilar [2024] EWHC 1961 (Ch) HHJ Paul Matthews rejected an argument that a different costs order should be made because the defendant did not co-operate in relation to service of proceedings upon her.   Seeking to avoid service…

HARASSMENT PROCEEDINGS: PART 7 AND NOT PART 8 SHOULD HAVE BEEN USED

HARASSMENT PROCEEDINGS: PART 7 AND NOT PART 8 SHOULD HAVE BEEN USED

July 29, 2024 · by gexall · in Case Management, Civil Procedure, Members Content

There are often procedural difficulties when a claimant bringing a claim for harassment has to use the Part 8 procedure (as this is prescribed by CPR 65.28(1)(a)).  However as the judgment of Aidan Eardley KC in  Pattinson v Winsor [2024]…

“THE EXTENT OF EVIDENCE… WENT FAR BEYOND THAT PERMITTED BY THE RULES IN RELATION TO EXPERT EVIDENCE”: COMMENTS FROM ANTOTHER JURISDICTION

July 29, 2024 · by gexall · in Civil evidence, Credibility of experts, Education, Expert evidence, Experts, Members Content

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence.  Other jurisdictions have similar issues in relation to experts, particularly argumentative experts.  An example can be seen in…

PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND... SOCIAL MEDIA

PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND… SOCIAL MEDIA

July 29, 2024 · by gexall · in Applications, Clinical Negligence, Committal proceedings, Fundamental Dishonesty, Members Content, Personal Injury

In Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) Mr Justice Mould found the defendant in contempt of court for exaggerating the extent of his injuries when bringing a claim for damages for personal injury.  An interesting aspect…

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Recent Posts

  • ENFORCEMENT BULLETIN 7: SECOND ATTEMPT TO ENFORCE A FOREIGN JUDGMENT WAS (AMONG OTHER THINGS) AN ABUSE OF PROCESS
  • LITIGATOR’S LIFELINES 3: WHAT IF YOU HAVE SERVED A SCHEDULE OF COSTS LATE?
  • THROWBACK FRIDAY: “SKELETON ARGUMENTS – DO THEM PROPERLY OR YOU WON’T GET PAID” (NOVEMBER 2014)
  • COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …

Top Posts

FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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