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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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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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