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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » October » 01
EXPERT WATCH 16:  IS PART 35 PERMISSION  NEEDED WHEN A DOCTOR GIVES OPINION EVIDENCE AS TO A PARTY'S ABILITY TO PARTICIPATE IN LITIGATION?

EXPERT WATCH 16: IS PART 35 PERMISSION NEEDED WHEN A DOCTOR GIVES OPINION EVIDENCE AS TO A PARTY’S ABILITY TO PARTICIPATE IN LITIGATION?

October 1, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Relief from sanctions

Here we look at a case where a party was seeking a stay of litigation on medical grounds.  Medical evidence was provided which supported the litigant’s stance.  The claimant took objection to the report as it contained “opinion” and the…

WITNESS EVIDENCE WEDNESDAY: HOW NUMEROUS SMALL REPETITIONS, AND UNEVIDENCED CLAIMS FOR DAMAGES UNDERMINE THE CREDIBILITY OF THE CASE

WITNESS EVIDENCE WEDNESDAY: HOW NUMEROUS SMALL REPETITIONS, AND UNEVIDENCED CLAIMS FOR DAMAGES UNDERMINE THE CREDIBILITY OF THE CASE

October 1, 2025 · by gexall · in Civil evidence, Members Content, Witness statements

Here we are looking at a judgment in a group litigation claim where the judge had to assess the evidence of numerous witnesses. The feature I want to look at is the way in which claims for damages were put…

MAZUR MATTERS 3: CILEX MEMBERS - THE REAL VICTIMS OF ALL THIS: WHAT CILEX MEMBERS CAN DO ABOUT THIS

MAZUR MATTERS 3: CILEX MEMBERS – THE REAL VICTIMS OF ALL THIS: WHAT CILEX MEMBERS CAN DO ABOUT THIS

October 1, 2025 · by gexall · in Civil evidence, Civil Procedure, Conduct, Members Content

If any members of the profession are entitled to be disgruntled (to put it mildly) about the decision in Mazur it is CILEX members who conduct litigation. They have hard earned qualifications and extensive experience. However, unless they come within…

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Recent Posts

  • 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…
  • WILL AN INSURER PAY FOR THIS? ONE OF THE MOST ESSENTIAL QUESTIONS IN LITIGATION CONSIDERED: WEBINAR 30th OCTOBER 2026
  • THE IMPORTANT DISTINCTION BETWEEN AN APPLICATION TO STRIKE OUT AND ONE FOR SUMMARY JUDGMENT: DECISION TO STRIKE OUT ALLOWED ON APPEAL BECAUSE THE JUDGE HAD WRONGLY CONSIDERED THE MERITS
  • CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULT AND THESE WOULD HAVE BEEN FORGIVEN…
  • LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (4): EXPERTS AND THE USE OF AI: A LOT OF DANGER AREAS HERE: 20 KEY POINTS

Top Posts

TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY
EXPERT WATCH 70: EXPERTS' FAILURES TO REPORT ON THE RANGE OF OPINIONS LEADS TO THEIR VIEWS BEING REJECTED: ESSENTIAL READING FOR EVERY PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYER, ANYONE WHO INSTRUCTS AN EXPERT (AND ANY EXPERT...)
LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (2): HOW TO SPOT "FALSE" AUTHORITIES AND WHAT TO DO ABOUT IT (PLUS SOME USEFUL LINKS)
LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (3): AI AND WITNESS EVIDENCE: VERY DANGEROUS BEDFELLOWS: TWENTY KEY POINTS
MORE ON THE USE OF ARTIFICIAL INTELLIGENCE AND "HALLUCINATING" CASE LAW AND LEGAL PRINCIPLES: THE SOLICITORS DISCIPLINARY TRIBUNAL GIVES A CLEAR VIEW...

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