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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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  • ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING …
  • DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
  • THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
  • THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS

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  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
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