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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A FINAL TRIBUTE TO DISTRICT JUDGE GEORGE BRANCHFLOWER: A JUDGMENT WHICH GOT A MENTION AT HIS FUNERAL TODAY

A FINAL TRIBUTE TO DISTRICT JUDGE GEORGE BRANCHFLOWER: A JUDGMENT WHICH GOT A MENTION AT HIS FUNERAL TODAY

August 6, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure

Today I attended the funeral of District Judge George Branchflower.  I have written briefly about him before.  At his funeral we heard tributes from those who knew him best including a touching tribute from his daughter and a wonderful song…

COST BITES 267: WHAT IS THE COURT'S APPROACH WHEN IT DETERMINES THAT A RECEIVING PARTY SHOULD NOT HAVE INSTRUCTED LEADING COUNSEL?

COST BITES 267: WHAT IS THE COURT’S APPROACH WHEN IT DETERMINES THAT A RECEIVING PARTY SHOULD NOT HAVE INSTRUCTED LEADING COUNSEL?

August 6, 2025 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,

Here we have a consideration of what the court’s approach on summary assessment when it considers that leading counsel should not have been instructed. (Silk worms at work.  They did not weave their magic when it came to the assessment…

COST BITES 266: WHAT DOES THE COURT DO IF THE COSTS ARE DISPROPORTIONAL AFTER A LINE BY LINE ASSESSMENT? A WORKING EXAMPLE

COST BITES 266: WHAT DOES THE COURT DO IF THE COSTS ARE DISPROPORTIONAL AFTER A LINE BY LINE ASSESSMENT? A WORKING EXAMPLE

August 6, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Personal Injury, Proportionality

Here we look at a judgment relation to proportionality and the assessment of costs.   The claimant’s costs had been substantially reduced after a three day assessment but the judge found that the total sum was still disproportional.  The judge could…

EXPERT WATCH 9: FAILURES TO COMPLY WITH THE PRE-ACTION PROTOCOL AND TO INFORM THE EXPERTS OF THE DEFENDANT'S CASE COULD RENDER THE EVIDENCE "USELESS": AN EXPENSIVE DAY OUT FOR THE CLAIMANTS' SOLICITORS...

EXPERT WATCH 9: FAILURES TO COMPLY WITH THE PRE-ACTION PROTOCOL AND TO INFORM THE EXPERTS OF THE DEFENDANT’S CASE COULD RENDER THE EVIDENCE “USELESS”: AN EXPENSIVE DAY OUT FOR THE CLAIMANTS’ SOLICITORS…

August 6, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we look at a decision not about the conduct of experts but the way in which the experts were instructed and failure to comply with pre-action protocols.  On the face of it this is a decision of major importance…

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