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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

  • THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

Top Posts

COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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