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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 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)
  • THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
  • EXPERT WATCH 71: “I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE”: THE EXPERT WAS “ADVOCATING” AND “HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL”
  • THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)
  • MORE ABOUT THE CASE AGAINST A SOLICITOR BEING STRUCK OUT: THE ABSENCE OF AN ASSUMPTION OF RESPONSIBILITY MEANT THERE WAS NO CASE: A CLAIMANT CANNOT HOPE THAT “SOMETHING WILL TURN UP” ON DISCLOSURE…

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