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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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MAZUR MATTERS 27: TWO MORE USEFUL LINKS: A USEFUL GUIDE FROM INSURERS:  PLUS THE FIRST "REAL WORLD" CASE WHERE MAZUR HAS LED TO A SUBSTANTIAL REDUCTION IN COSTS

MAZUR MATTERS 27: TWO MORE USEFUL LINKS: A USEFUL GUIDE FROM INSURERS: PLUS THE FIRST “REAL WORLD” CASE WHERE MAZUR HAS LED TO A SUBSTANTIAL REDUCTION IN COSTS

October 30, 2025 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil Procedure, Costs, Members Content, Sanctions, Useful links

The commentary on Mazur continues.  Here I want to look at two useful links. The first relates to guidance given by an insurer. The second relates to the first report (I have seen) on Mazur having an impact on costs….

EXPERT WATCH 24: WHEN AN EXPERT IN A CLINICAL NEGLIGENCE DOES NOT UNDERSTAND THE "BOLAM" TEST (WHICH IS REFERRED TO IN THEIR OWN REPORT)THIS IS NOT DETERMINATIVE: BUT IT DOESN'T HELP

EXPERT WATCH 24: WHEN AN EXPERT IN A CLINICAL NEGLIGENCE DOES NOT UNDERSTAND THE “BOLAM” TEST (WHICH IS REFERRED TO IN THEIR OWN REPORT)THIS IS NOT DETERMINATIVE: BUT IT DOESN’T HELP

October 30, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

This is not the first time we have looked at a case where an expert in a clinical negligence has revealed in cross-examination that they do no really understand the “Bolam” test for negligence.  We look at such a case…

SHOULD A DEFENDANT BE ALLOWED TO WITHDRAW ADMISSION MADE BY MISTAKE? A TEN YEAR OLD CASE THAT IS STILL OF INTEREST: CANDOUR HELPS A LOT

SHOULD A DEFENDANT BE ALLOWED TO WITHDRAW ADMISSION MADE BY MISTAKE? A TEN YEAR OLD CASE THAT IS STILL OF INTEREST: CANDOUR HELPS A LOT

October 30, 2025 · by gexall · in Admissions, Applications, Avoiding negligence claims, Civil Procedure, Clinical Negligence, Members Content, Relief from sanctions

This is a case about mistakes in litigation and the rules relating to allowing the withdrawal of a pre-action admission.  The judgment was given 10 years ago, but arrived on BAILII today.  The issues raised here remain highly relevant.  In…

MAZUR MATTERS 26: SHOULD THE PROFESSION HAVE SEEN THIS COMING? THERE WERE CLUES...: TODAY IS THE 18th ANNIVERSARY OF THE LEGAL SERVICES ACT 2007 COMING INTO FORCE: SHOULD WE HAVE BEEN SURPRISED?

MAZUR MATTERS 26: SHOULD THE PROFESSION HAVE SEEN THIS COMING? THERE WERE CLUES…: TODAY IS THE 18th ANNIVERSARY OF THE LEGAL SERVICES ACT 2007 COMING INTO FORCE: SHOULD WE HAVE BEEN SURPRISED?

October 30, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

The reason why we litigators are infinitely wise is that we always deal with things in retrospect. We have the perfect vision of hindsight.  Litigation is full of “why did you do that?”, “If you say that now why didn’t…

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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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