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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 03

WHEN CAN ADVERSE FINDINGS ABOUT A WITNESS IN A CASE BE APPEALED? THE COURT OF APPEAL CONSIDERS THE ISSUES

December 3, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Conduct, Members Content, Relief from sanctions

It is not unusual for trial judges to be critical of the conduct or evidence of a witness in a case.  What should a witness do if the judgment is critical of them?  Do they have a right of anonymity? …

ANOTHER “HALLUCINATED” AUTHORITIES CASE: A FALSE CITATION AUTHORED OR REVIEWED BY A LAWYER WITHOUT ATTRIBUTION CAN STILL BE SUBJECT TO REFERENCE FOR MISCONDUCT OR CONTEMPT

December 3, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Fundamental Dishonesty, Members Content, Personal Injury

The citation of “false” authorities shocked me (and many others) when the cases first started.  Now it feels as if they are becoming a commonplace occurrence.  They are, however, just as shocking. Here we have a case where the judge…

THE HILLSBOROUGH REPORT AND THE AMENDMENT OF WITNESS STATEMENTS: NEW INFORMATION IN THE IPOC REPORT PUBLISHED YESTERDAY

THE HILLSBOROUGH REPORT AND THE AMENDMENT OF WITNESS STATEMENTS: NEW INFORMATION IN THE IPOC REPORT PUBLISHED YESTERDAY

December 3, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Witness statements

This blog has looked at the issues relating to evidence gathering and the Hillsborough tragedy several times, in particular the way that witness statements were gathered, and the reports amended.  The issues were considered again in the Independent Office for…

WITNESS EVIDENCE WEDNESDAY : DO THE PROVISIONS OF PD57AC APPLY WHERE THE COURT IS TAKING AN ACCOUNT?

WITNESS EVIDENCE WEDNESDAY : DO THE PROVISIONS OF PD57AC APPLY WHERE THE COURT IS TAKING AN ACCOUNT?

December 3, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

Here we are looking at an unusual issue. The court was taking an account following directions of the High Court. One of the witness statements did not comply with PD57AC.  The judge had to consider the issue as to whether…

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