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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » June » 04
THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE "PRE CPR-PROCEDURE"

THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE “PRE CPR-PROCEDURE”

June 4, 2025 · by gexall · in Applications, Members Content, Statements of Case

There have been a number of cases recently relating to Part 18 questions and questions to experts.   Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…

PART 35 QUESTIONS TO EXPERTS A POINT ABOUT THE CASE LAW: HOW FAR CAN THE QUESTIONS GO? A CLOSE LOOK AT THE COURT OF APPEAL DECISION IN MUTCH

PART 35 QUESTIONS TO EXPERTS A POINT ABOUT THE CASE LAW: HOW FAR CAN THE QUESTIONS GO? A CLOSE LOOK AT THE COURT OF APPEAL DECISION IN MUTCH

June 4, 2025 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts, Members Content

The previous post about when experts should be called to give evidence also contained a consideration of the nature of questions that can be put to experts.  One of my colleagues has suggested that the summary relating to the questioning…

WHEN SHOULD PARTIES BE ALLOWED TO CALL EXPERT WITNESSES TO GIVE EVIDENCE AT TRIAL? THE ISSUES CONSIDERED (IN THE FAMILY COURT)

WHEN SHOULD PARTIES BE ALLOWED TO CALL EXPERT WITNESSES TO GIVE EVIDENCE AT TRIAL? THE ISSUES CONSIDERED (IN THE FAMILY COURT)

June 4, 2025 · by gexall · in Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

When should the courts permit experts to give evidence at trial?  There are few cases on this topic and today we are looking at a decision in the family courts. The case is relevant to civil practitioners in that it…

CIVIL PROCEDURE BACK TO BASICS 103: THE STANDARD FORM FOR PART 36 OFFERS

CIVIL PROCEDURE BACK TO BASICS 103: THE STANDARD FORM FOR PART 36 OFFERS

June 4, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Part 36

Yesterday I gave a webinar about Part 36, this will shortly be available on YouTube.  The webinar reviews cases over the past 12 months. One of the points being considered was the arguments in Henderson & Jones Ltd v Salica Investments…

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Recent Posts

  • ACCEPTANCE OF A PART 36 OFFER WHILST AN APPLICATION TO REALLOCATE THE CASE FROM BAND 2 TO BAND 1 IS PENDING: CAN THE COURT STILL PROCEED TO REALLOCATE?
  • PROVING THINGS 286: THE CLAIMANT FAILS TO PROVE ITS CASE: YOU LOST US $715 MILLION IN TWO YEARS BUT THAT WAS BECAUSE YOU DID NOT UNDERSTAND THE BUSINESS YOU WERE BUYING
  • THE CURRENT IMPORTANCE OF PLEADINGS 66: WHEN THE CLAIMANT TRIES TO ADVANCE ALLEGATIONS NOT STATED IN THE STATEMENT OF CASE THOSE MATTERS ARE NOT CONSIDERED BY THE JUDGE
  • PRACTICE NOTE FROM THE CHANCELLOR OF THE HIGH COURT: NEW REQUIREMENTS FOR SUMMARY ASSESSMENT FROM 14th APRIL 2026 (UPDATED)
  • “GUIDE, MENTOR AND FRIEND”: REVIEW OF THE APIL GUIDE TO CATASTROPHIC INJURY CLAIMS 4th EDITION: STUART McKECHNIE KC (AND A FORMIDABLE TEAM): THE “LITTLE GEM” THAT KEEPS ON GIVING

Top Posts

  • PRACTICE NOTE FROM THE CHANCELLOR OF THE HIGH COURT: NEW REQUIREMENTS FOR SUMMARY ASSESSMENT FROM 14th APRIL 2026 (UPDATED)
  • "GUIDE, MENTOR AND FRIEND": REVIEW OF THE APIL GUIDE TO CATASTROPHIC INJURY CLAIMS 4th EDITION: STUART McKECHNIE KC (AND A FORMIDABLE TEAM): THE "LITTLE GEM" THAT KEEPS ON GIVING
  • ACCEPTANCE OF A PART 36 OFFER WHILST AN APPLICATION TO REALLOCATE THE CASE FROM BAND 2 TO BAND 1 IS PENDING: CAN THE COURT STILL PROCEED TO REALLOCATE?
  • WITNESS EVIDENCE WEDNESDAY: THE COMMERCIAL COURT REPORT AND WITNESS STATEMENTS: PD57AC WAS FIVE YEARS OLD THIS MONTH - STILL GUIDANCE IS NEEDED
  • PROVING THINGS 286: THE CLAIMANT FAILS TO PROVE ITS CASE: YOU LOST US $715 MILLION IN TWO YEARS BUT THAT WAS BECAUSE YOU DID NOT UNDERSTAND THE BUSINESS YOU WERE BUYING

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