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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CHANGES TO PRACTICE DIRECTION ON THE DAMAGES CLAIMS PILOT: PUBLISHED LAST TUESDAY - COMING INTO FORCE AT 11.00 TOMORROW: SOME POINTS ON ISSUE AND LIMITATION

CHANGES TO PRACTICE DIRECTION ON THE DAMAGES CLAIMS PILOT: PUBLISHED LAST TUESDAY – COMING INTO FORCE AT 11.00 TOMORROW: SOME POINTS ON ISSUE AND LIMITATION

August 11, 2025 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content, Rule Changes

There are changes coming into force at 11.00 tomorrow.   There are changes to PD 51R and PD51ZB. (Set your alarm clocks early tomorrow – these changes come into force – at 11.00 am…) THE CHANGES TO TO THE PRACTICE DIRECTION:…

ABSENT WITNESSES AND ADVERSE INFERENCES (AGAIN): WE DON'T WANT TO PAY YOU THE US$1,911,877,385 YOU ARE CLAIMING: BUT WE WON'T GIVE EVIDENCE

ABSENT WITNESSES AND ADVERSE INFERENCES (AGAIN): WE DON’T WANT TO PAY YOU THE US$1,911,877,385 YOU ARE CLAIMING: BUT WE WON’T GIVE EVIDENCE

August 11, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We are continuing with looking at the consequences of a party failing to call witnesses, or, as in this case, give no evidence of fact at all.  In this case the judge had no difficulty in stating his views as…

CLINICAL NEGLIGENCE CORNER 3: ABSENT DOCTORS AND ADVERSE INFERENCES (SOMETHING TO CONSIDER FOR ALL LITIGATORS HERE...)

CLINICAL NEGLIGENCE CORNER 3: ABSENT DOCTORS AND ADVERSE INFERENCES (SOMETHING TO CONSIDER FOR ALL LITIGATORS HERE…)

August 11, 2025 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Members Content, Witness statements

Today we are looking at a case where the judge considered whether adverse inferences should be drawn when a relevant expert was not called to give evidence at trial.   This issue of what matters the court can properly conclude when…

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Recent Posts

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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