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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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FOUR PART 36 WEBINARS - ALL AVAILABLE ON YOUTUBE: WHAT A TREAT - POTENTIALLY A WHOLE NIGHT'S VIEWING...

FOUR PART 36 WEBINARS – ALL AVAILABLE ON YOUTUBE: WHAT A TREAT – POTENTIALLY A WHOLE NIGHT’S VIEWING…

June 5, 2025 · by gexall · in Civil Procedure, Members Content, Part 36, Webinar

The webinar on Part 36 that  I broadcast earlier this week is now available on YouTube and can be found here.  Links to previous webinars on Part 36 can be found below.   MATTERS COVERED IN THE 2025 WEBINAR This…

WRITING TO THE JUDGE AFTER THE DRAFT JUDGMENT HAS BEEN SENT OUT: THIS IS NOT AN OPPORTUNITY TO ADVANCE FURTHER ARGUMENT

WRITING TO THE JUDGE AFTER THE DRAFT JUDGMENT HAS BEEN SENT OUT: THIS IS NOT AN OPPORTUNITY TO ADVANCE FURTHER ARGUMENT

June 5, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

There have been a large number of cases where the courts have been critical of attempt to “re-open” judgments at the stage where the draft judgment is circulated.  We see another example here. The judge reviewed the cases on this…

PARTS OF WITNESS STATEMENT STRUCK OUT - THIS "CARRIES NO WEIGHT AS EVIDENCE":DOORS FIRMLY SHUT IN RELATION TO INADMISSIBLE COMMENTARY

PARTS OF WITNESS STATEMENT STRUCK OUT – THIS “CARRIES NO WEIGHT AS EVIDENCE”:DOORS FIRMLY SHUT IN RELATION TO INADMISSIBLE COMMENTARY

June 5, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

If we had a pound for every word in witness statements served in just one single month that was irrelevant or inadmissible we could probably go a long way to paying off the national debt.  The costs, however, are probably…

FATAL ACCIDENT LAW AND PRACTICE: SEVEN WEBINARS TO HELP YOU UNDERSTAND LAW, PROCEDURE AND PRACTICE

FATAL ACCIDENT LAW AND PRACTICE: SEVEN WEBINARS TO HELP YOU UNDERSTAND LAW, PROCEDURE AND PRACTICE

June 5, 2025 · by gexall · in Courses, Damages, Fatal Accidents, Webinar

Fatal accidents claims are often some of the most challenging areas for the litigator.  Claims have to be investigated (and defended) with great care and sensitivity.  To add to the difficulties the law relating to damages is almost wholly based…

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  • COST BITES 342: THE CLAIMANTS’ HYPERBOLIC APPROACH TO ASSESSMENT COST THEM DEARLY: PERSONAL LIABILITY FOR £132,400 FOLLOWING THEIR CHALLENGE OF A BILL OF £147,436.33
  • WHEN THE CLAIMANT IS A SOLICITOR’S FIRM AND THE PROGRESS OF THE CLAIM “HINDERED BY A SERIES OF PROCEDURAL BREACHES”: NOT A GREAT START TO THE ASE
  • AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026
  • RELIEF FROM SANCTIONS DENIED AFTER A PATTERN OF DEFAULT DELAY AND EXCUSES: TO BREACH ONE UNLESS ORDER MAY BE REGARDED AS MISFORTUNE, TO BREACH TWO LOOKS LIKE …
  • COURT SETS ASIDE A DECISION THAT A CLAIMANT HAD BREACHED A PEREMPTORY ORDER: THE ORDER WAS NOT DRAFTED “IN THE CLEAREST AND MOST PRECISE LANGUAGE” NECESSARY

Top Posts

  • COST BITES 342: THE CLAIMANTS' HYPERBOLIC APPROACH TO ASSESSMENT COST THEM DEARLY: PERSONAL LIABILITY FOR £132,400 FOLLOWING THEIR CHALLENGE OF A BILL OF £147,436.33
  • WHEN THE CLAIMANT IS A SOLICITOR'S FIRM AND THE PROGRESS OF THE CLAIM "HINDERED BY A SERIES OF PROCEDURAL BREACHES": NOT A GREAT START TO THE ASE
  • COURT SETS ASIDE A DECISION THAT A CLAIMANT HAD BREACHED A PEREMPTORY ORDER: THE ORDER WAS NOT DRAFTED "IN THE CLEAREST AND MOST PRECISE LANGUAGE" NECESSARY
  • RELIEF FROM SANCTIONS DENIED AFTER A PATTERN OF DEFAULT DELAY AND EXCUSES: TO BREACH ONE UNLESS ORDER MAY BE REGARDED AS MISFORTUNE, TO BREACH TWO LOOKS LIKE ...
  • MAKING THREATS TO REPORT LAWYERS TO THEIR REGULATORY BODIES IS CAPABLE OF AMOUNTING TO CONTEMPT OF COURT: MAKE THREATS AT YOUR OWN PERIL...

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