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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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APPLICATIONS FOR ANONYMITY ORDERS IN CIVIL CASES INVOLVING CHILDREN: COURT OF APPEAL ADJOURNS HEARING - BUT WHERE ARE WE NOW?

APPLICATIONS FOR ANONYMITY ORDERS IN CIVIL CASES INVOLVING CHILDREN: COURT OF APPEAL ADJOURNS HEARING – BUT WHERE ARE WE NOW?

February 25, 2025 · by gexall · in Adjournments, Appeals, Applications, Members Content

In PMC (a child) v A Local Health Board [2025] EWCA Civ 176 the Court of Appeal adjourned a hearing relating to anonymity orders in civil cases involving children, pending a Supreme Court decision.  Some important guidance was given as…

AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME "INTERESTING" ISSUES: EXPERTS BEHAVING BADLY

AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME “INTERESTING” ISSUES: EXPERTS BEHAVING BADLY

February 25, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content, Webinar

This webinar deals, among other things, with three cases where solicitors have been struck off the Roll because of their conduct with expert witnesses. In one of those cases the solicitor also went to prison. The Court of Appeal held…

SENSIBLE STEPS TO TAKE WHEN THERE IS NO TRANSCRIPT OF A HEARING AVAILABLE

SENSIBLE STEPS TO TAKE WHEN THERE IS NO TRANSCRIPT OF A HEARING AVAILABLE

February 25, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

A very short passage in the judgment of  Mr Justice Fancourt in Odhavji v Tighe & Ors [2025] EWHC 372 (Ch) sets out the steps a prudent party should take when a transcript (and sometimes a judgment) cannot be obtained. …

PROVING THINGS 255: CLAIMANT FAILS TO PROVE IT HAS SUFFERED ANY LOSS AT ALL:  THERE WAS NO GRIST TO THIS MILL

PROVING THINGS 255: CLAIMANT FAILS TO PROVE IT HAS SUFFERED ANY LOSS AT ALL: THERE WAS NO GRIST TO THIS MILL

February 25, 2025 · by gexall · in Case Management, Civil evidence, Damages, Members Content

In Trident House Development Limited v Mohammed Yousaf [2025] EWHC 344 (Ch)  HHJ Klein (sitting as a High Court Judge) found that a claimant had failed to establish it had suffered any loss at all in its claim for damages against the…

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  • THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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