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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025

FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025

June 20, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Fatal Accidents, Webinar, Witness statements

We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar  looks at the potential problem areas of fatal accident litigation and…

HEARINGS WHEN WITNESSES GIVE EVIDENCE FROM ABROAD: SOME  POINTS FOR PRACTITIONERS (AND JUDGES) TO WATCH: "IT WOULD ASSIST THE LOWER COURTS IF FORMAL CLARIFICATION IS GIVEN ADDRESSING THAT TENSION HEAD ON"

HEARINGS WHEN WITNESSES GIVE EVIDENCE FROM ABROAD: SOME POINTS FOR PRACTITIONERS (AND JUDGES) TO WATCH: “IT WOULD ASSIST THE LOWER COURTS IF FORMAL CLARIFICATION IS GIVEN ADDRESSING THAT TENSION HEAD ON”

June 20, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Remote hearings

There have been a number of cases where litigants have run into difficulties because they  have not complied with the requirements for witnesses who give evidence  remotely from abroad.  We see an example of this case where there a conflict…

NO RELIEF FOR CLAIMANTS WHO SERVED THE CLAIM FORM LATE:  TAKING A POINT AS TO SERVICE IS NOT "PLAYING TECHNICAL GAMES"

NO RELIEF FOR CLAIMANTS WHO SERVED THE CLAIM FORM LATE: TAKING A POINT AS TO SERVICE IS NOT “PLAYING TECHNICAL GAMES”

June 20, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

It may be possible for a month to go by without a mis-service of the claim form issue arising in the courts, but it is not this month.  We have here a case with the familiar litany of waiting to…

PROVING THINGS 266: THE BURDEN OF PROOF, HEARSAY EVIDENCE AND WHEN EVIDENCE IS NOT "EXPERT EVIDENCE": ALSO THE IMPORTANCE OF SERVING A NOTICE OF NON-AUTHENTICITY

PROVING THINGS 266: THE BURDEN OF PROOF, HEARSAY EVIDENCE AND WHEN EVIDENCE IS NOT “EXPERT EVIDENCE”: ALSO THE IMPORTANCE OF SERVING A NOTICE OF NON-AUTHENTICITY

June 20, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We are looking, again, at a case where there were issues as to evidence.  Part of the defendant’s case was that the evidence was not admissible or was hearsay.  The defendant’s arguments did not prosper.  Hearsay is admissible, the real…

PROVING THINGS 265: SPEND SIX WEEKS IN COURT, WIN ON LIABILITY AND RECEIVE NOTHING IN DAMAGES: TOY STORY - THE SCARY VERSION

PROVING THINGS 265: SPEND SIX WEEKS IN COURT, WIN ON LIABILITY AND RECEIVE NOTHING IN DAMAGES: TOY STORY – THE SCARY VERSION

June 20, 2025 · by gexall · in Civil evidence, Civil Procedure, Damages, Members Content

Here we have a case where the claimant spent some six weeks in court, established that the defendant was in breach, but recovered nothing in damages. It may well be an object lesson in failing to prove loss. (A photo taken…

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