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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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MAZUR MATTERS 7: LINKS TO SOME USEFUL RESOURCES: SOME INTERESTING READING FOR THE WEEKEND...

MAZUR MATTERS 7: LINKS TO SOME USEFUL RESOURCES: SOME INTERESTING READING FOR THE WEEKEND…

October 3, 2025 · by gexall · in Civil evidence, Conduct, Members Content

I have just finished presenting a webinar on the Mazur decision.  I have a distinct feeling that this will not be the last. It was the first time I can remember where the time spent on questions afterwards exceeded the…

"A KEY TASK OF LITIGATION ADVOCACY IS TO HELP THE COURT TO SEE THE WOOD SAID TO BE CONSTITUTED BY THE TREES": OVERLENGTHY WRITTEN SUBMISSIONS: PERHAPS ADVOCATES SHOULD TURN OVER A NEW LEAF...

“A KEY TASK OF LITIGATION ADVOCACY IS TO HELP THE COURT TO SEE THE WOOD SAID TO BE CONSTITUTED BY THE TREES”: OVERLENGTHY WRITTEN SUBMISSIONS: PERHAPS ADVOCATES SHOULD TURN OVER A NEW LEAF…

October 3, 2025 · by gexall · in Advocacy, Civil Procedure, Members Content, Written advocacy

Here we look at judicial comments on the written submissions given after a lengthy trial.  The judge’s concern was that their length hampered rather than helped their task.  (One suspects it sapped a lot of enjoyment out of their task)…

PART 36: WHAT FACTORS ARE CONSIDERED AS TO INCREASED INTEREST WHEN A CLAIMANT BEATS ITS OWN OFFER? THE ISSUE CONSIDERED IN THE HIGH COURT

PART 36: WHAT FACTORS ARE CONSIDERED AS TO INCREASED INTEREST WHEN A CLAIMANT BEATS ITS OWN OFFER? THE ISSUE CONSIDERED IN THE HIGH COURT

October 3, 2025 · by gexall · in Civil Procedure, Costs, Interest, Members Content, Part 36

When a claimant beats their own Part 36 offer they are entitled to additional interest on damages from the “relevant period” (the date of expiry of the offer.  Here we have a case where the factors that effect the rate…

MAZUR MATTERS 6: FURTHER GUIDANCE FROM CILEX: "FIRMS WILL NEED TO SATISFY THEMSELVES THAT THEY ARE COMPLIANT WITH THE LAW"

MAZUR MATTERS 6: FURTHER GUIDANCE FROM CILEX: “FIRMS WILL NEED TO SATISFY THEMSELVES THAT THEY ARE COMPLIANT WITH THE LAW”

October 3, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct, Members Content

CILEX have provided further guidance in a document produced yesterday “CILEx Regulation – Interim Guidance The conduct of litigation and supervision”. (It may not be too late to register for the webinar on this topic today at 12.00 – details…

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