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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » August » 12
EXPERT WATCH 10: CLAIMANT UNSUCCESSFUL ON APPEAL IN ATTEMPTING TO OVERTURN THE TRIAL JUDGE'S PREFERENCE FOR THE DEFENDANT'S EXPERTS: "THE IRREDUCIBLE FACT IS IS THAT THE JUDGE ACCEPTED THE EXPERT EVIDENCE OF THE RESPONDENT'S KEY WITNESS AND PREFERRED TO OVER THE EVIDENCE OF THE APPELLANT'S KEY EXPERT WITNESS"

EXPERT WATCH 10: CLAIMANT UNSUCCESSFUL ON APPEAL IN ATTEMPTING TO OVERTURN THE TRIAL JUDGE’S PREFERENCE FOR THE DEFENDANT’S EXPERTS: “THE IRREDUCIBLE FACT IS IS THAT THE JUDGE ACCEPTED THE EXPERT EVIDENCE OF THE RESPONDENT’S KEY WITNESS AND PREFERRED TO OVER THE EVIDENCE OF THE APPELLANT’S KEY EXPERT WITNESS”

August 12, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Personal Injury

There are relatively few cases where a party appeals on the basis that trial judge was wrong to accept the evidence of one party’s expert witness in preference to the other.  There are even fewer cases where such an appeal…

COST BITES 269: CAN PRE-ALLOCATION COSTS BE AWARDED WHEN A CASE IS LATER TRANSFERRED TO THE SMALL CLAIMS TRACK? A CASE THAT CONSIDERS THE ISSUE

COST BITES 269: CAN PRE-ALLOCATION COSTS BE AWARDED WHEN A CASE IS LATER TRANSFERRED TO THE SMALL CLAIMS TRACK? A CASE THAT CONSIDERS THE ISSUE

August 12, 2025 · by gexall · in Civil Procedure, Costs, Members Content

I am grateful to barrister Ethan Riley for sending me a copy of the transcript of the judgment we are looking at today. This relates to whether the court has power to award a party pre-allocation costs  that are occurred…

COST BITES 269: WHAT COSTS ORDERS SHOULD BE MADE WHEN THE CLAIMANTS AVOID STRIKING OUT BY AMENDING THEIR PLEADINGS, BUT THE DEFENDANT OPPOSED THE APPLICATION TO AMEND? LITIGATION ON A "PAY AS YOU GO" BASIS

COST BITES 269: WHAT COSTS ORDERS SHOULD BE MADE WHEN THE CLAIMANTS AVOID STRIKING OUT BY AMENDING THEIR PLEADINGS, BUT THE DEFENDANT OPPOSED THE APPLICATION TO AMEND? LITIGATION ON A “PAY AS YOU GO” BASIS

August 12, 2025 · by gexall · in Amendment, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Striking out

If ever a judgment showed how difficult litigation can be it is the costs decision we are looking at here.  A defendant made an application to strike out a case on the grounds of inadequate pleadings. That application would, without…

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Recent Posts

  • DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL
  • WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
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  • THE CURRENT IMPORTANCE OF PLEADINGS 95: THE DEFENDANT’S ARGUMENT THAT THE JUDGE HAD AWARDED THE CLAIMANTS MORE THAN THEIR PLEADED CASE
  • EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE

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COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
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