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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 17
WITNESS EVIDENCE WEDNESDAY: JUDGE CONSIDERS ADMISSIBILITY OF WITNESS EVIDENCE ON THE FIRST DAY OF TRIAL: "ARE YOU EXPERIENCED"?

WITNESS EVIDENCE WEDNESDAY: JUDGE CONSIDERS ADMISSIBILITY OF WITNESS EVIDENCE ON THE FIRST DAY OF TRIAL: “ARE YOU EXPERIENCED”?

December 17, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

It is unusual for a judge to consider the admissibility of witness evidence on the first day of a trial.  However, in some ways, this is an unusual case.   The judge found that the statement was relevant to the pleaded…

THE COURT FEE WAS NOT PAID UPON ISSUE MEANS PROCEEDINGS WERE NOT ISSUED ON TIME. IT IS AS SIMPLE AS THAT

THE COURT FEE WAS NOT PAID UPON ISSUE MEANS PROCEEDINGS WERE NOT ISSUED ON TIME. IT IS AS SIMPLE AS THAT

December 17, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Court fees, Members Content, Relief from sanctions

Here we have an all too familiar story of a claimant’s case coming to grief because proceedings were not issued in time.  The unusual aspect is that this happened because his solicitors lodged papers at court asserting that no  court…

REVIEW OF THE YEAR 5 : 111 POSTS IN THE "COSTS BITES" SERIES (AND COUNTING): DON'T LOOK AWAY NOW...

REVIEW OF THE YEAR 5 : 111 POSTS IN THE “COSTS BITES” SERIES (AND COUNTING): DON’T LOOK AWAY NOW…

December 17, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

There is no doubt at all that the Costs Bites series is one of the most widely read on this blog.  The series started in July 2022 and the aim is to look at what is happening in relation to…

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Recent Posts

  • WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026
  • THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION
  • THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM
  • THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)
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  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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