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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 07
WITNESS STATEMENTS: WHEN THE JUDGE REFERS TO MONKEYS WRITING SHAKESPEARE AND THE CHANCES OF SIMILARITIES BEING AKIN TO THE HEAT DEATH OF THE UNIVERSE - YOU ARE PROBABLY IN TROUBLE

WITNESS STATEMENTS: WHEN THE JUDGE REFERS TO MONKEYS WRITING SHAKESPEARE AND THE CHANCES OF SIMILARITIES BEING AKIN TO THE HEAT DEATH OF THE UNIVERSE – YOU ARE PROBABLY IN TROUBLE

May 7, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Members Content, Witness statements

There are countless posts about witness statements on this blog. Most of them reflect judicial commentary that is far from favourable in relation to the way that the statements have been drafted.  We see considerable criticism in this case where…

COST BITES 237: "THROUGHOUT HISTORY, LAWYERS HAVE HAD A BAD REPUTATION": COMMONSENSE AND PROPORTIONALITY CONSIDERED IN THE FAMILY COURTS

COST BITES 237: “THROUGHOUT HISTORY, LAWYERS HAVE HAD A BAD REPUTATION”: COMMONSENSE AND PROPORTIONALITY CONSIDERED IN THE FAMILY COURTS

May 7, 2025 · by gexall · in Applications, Conduct, Costs, Members Content, Proportionality

Why spend £13,000 to recover a remedy that will only be worth £1,500? That is the issue considered by Deputy District Judge Hodgson [Professor David Hodson OBE KC (Hons)].  An application was made late. The gain to the applicant was…

WHEN CASES RELIED UPON IN  WRITTEN ARGUMENTS WERE SIMPLY "FALSE": WASTED COSTS ORDER MADE AGAINST COUNSEL AND SOLICITORS

WHEN CASES RELIED UPON IN WRITTEN ARGUMENTS WERE SIMPLY “FALSE”: WASTED COSTS ORDER MADE AGAINST COUNSEL AND SOLICITORS

May 7, 2025 · by gexall · in Civil evidence, Civil Procedure, Conduct, Costs, Members Content, Wasted Costs

This blog celebrates its 12th anniversary next month. Civil Litigation Brief started as a column in the Solicitors Journal 35 years ago. Over that time many people have helpfully sent me and pointed me me to cases of interest. In…

AVOIDING PROBLEMS WITH CLAIMS FOR LOSS OF EARNINGS: A WEBINAR (& CHECKLIST): 14th MAY 2025

AVOIDING PROBLEMS WITH CLAIMS FOR LOSS OF EARNINGS: A WEBINAR (& CHECKLIST): 14th MAY 2025

May 7, 2025 · by gexall · in Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

There are many ways in which a court can approach a claim for loss of earnings.  There are as many ways in which a claim for loss of earnings can go wrong. In recent weeks I have written about cases…

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Recent Posts

  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
  • ENFORCEMENT BULLETIN 4: THE COURT SETS ASIDE A MENTAL HEALTH CRISIS MORATORIA AND ALLOWS BANKRUPTCY PROCEEDINGS TO CONTINUE
  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
  • SERVICE POINTS 51: HIGH COURT REFUSES TO SET ASIDE AN ORDER ALLOWING SERVICE BY EMAIL ON THE DEFENDANT’S SOLICITORS

Top Posts

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...

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