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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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EXPERT EVIDENCE: THIS IS JUST ABOUT AS BAD AS IT GETS: EXPERT CONCEDES THAT PARTS OF THEIR EVIDENCE WAS "APPALLING": ONE OF THE PARTIES DESCRIBED IT AS "TERRIFYING"

EXPERT EVIDENCE: THIS IS JUST ABOUT AS BAD AS IT GETS: EXPERT CONCEDES THAT PARTS OF THEIR EVIDENCE WAS “APPALLING”: ONE OF THE PARTIES DESCRIBED IT AS “TERRIFYING”

April 4, 2025 · by gexall · in Civil evidence, Conduct, Expert evidence, Experts, Members Content

In LB Croydon v D (Critical Scrutiny of the Paedeatric Overview) [2024] EWFC 438 HHJ Kathryn Major (sitting as a Deputy High Court Judge) was severely critical of the medical evidence called by the local authority.  That part of the…

LITIGATION "WHACK-A-MOLE" - THE MOVING TARGET AND POOR PLEADINGS - IN A CASE ABOUT ALLEGEDLY POOR PLEADINGS

LITIGATION “WHACK-A-MOLE” – THE MOVING TARGET AND POOR PLEADINGS – IN A CASE ABOUT ALLEGEDLY POOR PLEADINGS

April 4, 2025 · by gexall · in Case Management, Civil evidence, Conduct, Members Content, Statements of Case

We are looking again at the judgment of Mr Justice Saini in Israel Russell v Barry Coulter [2025] EWHC 493 (KB).  This was a case alleging that the defendant barrister had pleaded a case badly.  The claim was rejected. However it is…

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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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