Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » October » 28
PERSONAL INJURY DAMAGES: COURT OF PROTECTION RELEASES CLAIMANT FROM "PETERS" UNDERTAKING

PERSONAL INJURY DAMAGES: COURT OF PROTECTION RELEASES CLAIMANT FROM “PETERS” UNDERTAKING

October 28, 2024 · by gexall · in Clinical Negligence, Damages, Members Content, Personal Injury

I am grateful to my colleagues Sam Karim KC and Fay Collinson for pointing out the decision of  BJB, In the Matter Of [2024] EWCOP 59 (T2). In that case  HHJ Hilder granted the claimant’s application that she be released…

ADVOCACY THE JUDGE'S VIEW 4:  "AVOID BULLSHIT, SMOKE AND MIRRORS" (OH AND BEWARE OF "WELL PADDED VANITY")

ADVOCACY THE JUDGE’S VIEW 4: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND BEWARE OF “WELL PADDED VANITY”)

October 28, 2024 · by gexall · in Advocacy, Conduct, Members Content, Written advocacy

 Australia and looking at the guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. (At the moment I cannot find a link to the original…

PROVING THINGS 247: APPLYING A DIFFERENT MULTIPLIER TO THE RESIDUAL EARNING CAPACITY OF A DISABLED CLAIMANT

PROVING THINGS 247: APPLYING A DIFFERENT MULTIPLIER TO THE RESIDUAL EARNING CAPACITY OF A DISABLED CLAIMANT

October 28, 2024 · by gexall · in Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury

It is worthwhile highlighting one aspect of the judgment of Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak  [2024] EWHC 2633 (KB), looked at in the previous post.   The judge applied different multipliers to the claim.  A…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.3K other subscribers

Recent Posts

  • LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (5): “THE HEARING WAS A SALUTARY LESSON IN HOW AI MAY PROMPT LAY PERSONS TO SAY THE RIGHT THINGS IN PLEADINGS, BUT CANNOT FURNISH THE EVIDENCE NEEDED TO ESTABLISH THOSE STATEMENTS”
  • THE DUTY OF FULL AND FRANK DISCLOSURE: USEFUL GUIDANCE AND AN ESSENTIAL CHECKLIST WHEN MAKING AN APPLICATION TO SERVE OUT…
  • A COURT SETS ASIDE AN ORDER MADE WITHOUT NOTICE: ANOTHER CASE THAT EMPHASISES THE IMPORTANCE OF FAIR PRESENTATION AT THESE APPLICATIONS: A LAWYER CANNOT SIMPLY PROMOTE A “CONSPIRACY THEORY” BUT MOST ACT OBJECTIVELY AND CAREFULLY
  • THE REPLY: THE THEME OF THE DAY: SIX USEFUL CHECKLISTS: MAKING SURE YOUR PLEADING DOESN’T FAIL THE BASIC TESTS
  • DRAFTING A DEFENCE TO COUNTERCLAIM: SOME IMPORTANT POINTS: YOU HAVE TO COMPLY WITH CPR 16 AND DO IT FULLY AND PROPERLY

Top Posts

THE IMPORTANT DISTINCTION BETWEEN AN APPLICATION TO STRIKE OUT AND ONE FOR SUMMARY JUDGMENT: DECISION TO STRIKE OUT ALLOWED ON APPEAL BECAUSE THE JUDGE HAD WRONGLY CONSIDERED THE MERITS
COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"
LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (3): AI AND WITNESS EVIDENCE: VERY DANGEROUS BEDFELLOWS: TWENTY KEY POINTS
CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULT AND THESE WOULD HAVE BEEN FORGIVEN...

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.