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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE JUDGE'S DECISION TO GRANT RELIEF FROM SANCTIONS TO A DEFENDANT WAS APPROPRIATE: SOME WORDS AS TO HOW PEREMPTORY ORDERS SHOULD BE DRAFTED.

THE JUDGE’S DECISION TO GRANT RELIEF FROM SANCTIONS TO A DEFENDANT WAS APPROPRIATE: SOME WORDS AS TO HOW PEREMPTORY ORDERS SHOULD BE DRAFTED.

May 14, 2025 · by gexall · in Appeals, Extensions of time, Members Content, Relief from sanctions

Today we are looking at a case where the Court of Appeal upheld a decision granting a defendant relief from sanctions.  However this is a case of “two halves” in that the claimant had a more favourable decision in relation…

PERSONAL INJURY POINTS 2: CONTRIBUTORY NEGLIGENCE, CAUSATION, EVIDENCE  AND FAILURE TO WEAR A CYCLE HELMET (SOMETHING ABOUT PLEADINGS TOO)

PERSONAL INJURY POINTS 2: CONTRIBUTORY NEGLIGENCE, CAUSATION, EVIDENCE AND FAILURE TO WEAR A CYCLE HELMET (SOMETHING ABOUT PLEADINGS TOO)

May 14, 2025 · by gexall · in Civil Procedure, Expert evidence, Experts, Members Content, Personal Injury, Webinar

In the previous post in this series I mentioned that there was a backlog. I didn’t anticipate that I would be looking at a case that was decided in 2009.  However the judgment has recently arrived on BAILLI and it…

PERSONAL INJURY POINTS 1: WHAT DISCOUNT SHOULD BE GIVEN WHEN CARE IS PROVIDED GRATUIOUSLY ? THE COURT REVIEWS THE “STANDARD APPROACH”

May 14, 2025 · by gexall · in Civil Procedure, Damages, Members Content, Personal Injury

For a while now I have planned a series that gives a focal point to the many cases and examples that arise, and are sent to me, in relation to personal injury matters. Many people offer help but the procedural…

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 21st MAY 2025

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 21st MAY 2025

May 14, 2025 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Damages, Members Content, Part 36, Personal Injury, Webinar

A defendant is entitled to make a Part 36 offer whenever it wants. The making of an early offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that…

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Recent Posts

  • COST BITES 460: THE FACT THAT A DEFENDANT LOST ON A COUNTERCLAIM DID NOT PREVENT THE COURT FROM ORDERING THE CLAIMANT TO PAY 70% OF THEIR COSTS: ORDER UPHELD ON APPEAL TO THE HIGH COURT
  • EXPERT WATCH 76 : EXPERT EVIDENCE MAY ASSIST, BUT THAT DOES NOT MEAN IT IS REASONABLY REQUIRED: PERMISSION REFUSED IN AN APPEAL WORTH TENS OF MILLIONS
  • THE DISCLOSURE OF PART 36 OFFERS: IS THE DATE OF AN OFFER PART OF ITS “TERMS”? A QUESTION THAT HAS SOME PRACTICAL CONSEQUENCES: THE HIGH COURT CONSIDERS THE ISSUE
  • BACK TO BASICS MONDAY: 10 KEY POINTS ABOUT DRAFTING A DEFENCE AND THE POSTS THAT SHOW WHY THIS MATTERS
  • DECODING THE DIRECTORIES: ALSO WHO ASSESSES THOSE WHO ASSESS US: CAN LAWYERS BITE BACK? A WHOLLY FICTIONAL EXAMPLE…

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