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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROVING THINGS 256: CLAIMANT FAILS TO ESTABLISH LIABILITY AFTER FALLING FROM A HORSE: THE ANIMALS ACT CONSIDERED

PROVING THINGS 256: CLAIMANT FAILS TO ESTABLISH LIABILITY AFTER FALLING FROM A HORSE: THE ANIMALS ACT CONSIDERED

March 4, 2025 · by gexall · in Members Content, Personal Injury, Webinar

This blog has looked at the judgment in Boyd v Hughes [2025] EWHC 435 (KB) several times in relation to procedural issues and assertions of dishonesty.  However the case, ultimately, was about a claimant who was injured when she fell…

"A POINTLESS WASTE OF TIME AND MONEY": ATTEMPTS TO "REOPEN" ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT ARE HARDLY EVER FRUITFUL - AND CAN BE EXPENSIVE

“A POINTLESS WASTE OF TIME AND MONEY”: ATTEMPTS TO “REOPEN” ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT ARE HARDLY EVER FRUITFUL – AND CAN BE EXPENSIVE

March 4, 2025 · by gexall · in Civil Procedure, Conduct, Costs, Members Content

There are a number of cases on this blog where litigants have attempted to “reopen” issues when a draft judgment is sent out to the parties for editorial corrections.  We have an example in the judgment of HHJ Stephen Davies…

COURT FEES ARE GOING UP SOON: MOJ PRESS RELEASE STATES FEES WILL CHANGE IN EARLY APRIL 2025

COURT FEES ARE GOING UP SOON: MOJ PRESS RELEASE STATES FEES WILL CHANGE IN EARLY APRIL 2025

March 4, 2025 · by gexall · in Civil Procedure, Costs, Court fees, Members Content

A press release from the Ministry of Justice states that Court fees are to increase in early April (but there are some decreases).  The release can be found here.   “In early April 2025, and subject to parliamentary approval, the…

ANOTHER CASE INVOLVING BUNDLES: DIFFERENCES IN PAGINATION AND OTHER MISHAPS MEANT THAT A DECISION WAS UNFAIR AND THERE WAS AN ERROR OF LAW

ANOTHER CASE INVOLVING BUNDLES: DIFFERENCES IN PAGINATION AND OTHER MISHAPS MEANT THAT A DECISION WAS UNFAIR AND THERE WAS AN ERROR OF LAW

March 4, 2025 · by gexall · in Appeals, Bundles, Case Management, Civil Procedure, Members Content

In  RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Edward Jacobs, Upper Tribunal Judge, found that the errors with bundles at a First-Tier Tribunal led to unfairness and amounted to a an error of law. “There were, as…

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Recent Posts

  • EXPERT WATCH 75: A CASE REPLETE WITH EXPERT ISSUES: A FAILURE TO PREPARE A JOINT REPORT PLUS THE CLAIMANT CREATES DIFFICULTIES FOR ITSELF WHEN IT DOES NOT ASK ITS EXPERT TO REPORT ON POSSIBLE ALTERNATIVE OUTCOMES
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … PROVING DAMAGES: 10 KEY POINTS AND LOTS OF RELEVANT LINKS
  • THROWBACK FRIDAY: “PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT” (OCTOBER 2015)
  • EXPERT WATCH 74: “HE EFFECTIVELY ASSUMED AN IMPERMISSIBLE ROLE PROMOTING A PROSECUTION CASE”: EXPERT AND PROSECUTORIAL MISCONDUCT LEAD TO CONVICTIONS BEING QUASHED
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