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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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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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  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • THE CURRENT IMPORTANCE OF PLEADINGS 70: THE COURT OF APPEAL HAVE STRONG WORDS TO SAY ABOUT PLEADING POINTS IN A MAJOR TRIAL
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