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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 29
PART 36 IN THE PAST 12 MONTHS: WHAT PRACTITIONERS NEED TO KNOW: WEBINAR 26th FEBRUARY 2.00 pm (THREE TRACTORS, TWO FIELDS AND FAILING TO BEAT AN OFFER BY A "WHISKER")

PART 36 IN THE PAST 12 MONTHS: WHAT PRACTITIONERS NEED TO KNOW: WEBINAR 26th FEBRUARY 2.00 pm (THREE TRACTORS, TWO FIELDS AND FAILING TO BEAT AN OFFER BY A “WHISKER”)

January 29, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Part 36, Webinar

The past 12 months have seen some important cases about Part 36. Every civil litigator needs to keep up to date with these developments. This webinar looks at the cases and considers the practical implications for litigators. DATE AND TIME…

COST BITES 340:  CLAIMANTS' CONDUCT,  FAILURE TO COMPLY WITH PRE-ACTION PROTOCOL AND EFFECTIVE REFUSAL TO MEDIATE LEADS TO NO ORDER FOR COSTS

COST BITES 340: CLAIMANTS’ CONDUCT, FAILURE TO COMPLY WITH PRE-ACTION PROTOCOL AND EFFECTIVE REFUSAL TO MEDIATE LEADS TO NO ORDER FOR COSTS

January 29, 2026 · by gexall · in Applications, Civil Procedure, Conduct, Costs, Mediation & ADR, Members Content

Here we have a case where the claimants were (largely) successful but the court made no order for costs between the parties. There were three major factors (i) the way in which the claimants conducted the action; (ii) the failure…

PROVING THINGS 277: FARMER'S WIDOW HAD SUFFERED A LOSS OF £55,000 A YEAR EVEN THOUGH THE FARM WAS NOT MAKING A PROFIT: AN IMPORTANT ELEMENT OF FATAL ACCIDENT DAMAGES CONSIDERED AND APPLIED

PROVING THINGS 277: FARMER’S WIDOW HAD SUFFERED A LOSS OF £55,000 A YEAR EVEN THOUGH THE FARM WAS NOT MAKING A PROFIT: AN IMPORTANT ELEMENT OF FATAL ACCIDENT DAMAGES CONSIDERED AND APPLIED

January 29, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Damages, Fatal Accidents, Members Content

Here we have an interesting example of the application of one of the important principles of Fatal Accident Act damages. When the deceased person was running a business, the business may continue to operate after the death. However the dependants…

WITNESS EVIDENCE WEDNESDAY: HOW DOES THE COURT APPROACH EVIDENCE OF SOMETHING THAT HAPPENED OVER FOUR YEARS BEFORE AND TOOK PLACE WITHIN TWO MINUTES?

WITNESS EVIDENCE WEDNESDAY: HOW DOES THE COURT APPROACH EVIDENCE OF SOMETHING THAT HAPPENED OVER FOUR YEARS BEFORE AND TOOK PLACE WITHIN TWO MINUTES?

January 29, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

This series enables us to look at witness evidence in many different contexts. Here we look at evidence relating to an arrest and events that took place within two minutes.  The judge was well aware of the issues that could…

EXPERT WATCH 32: A REVIEW OF THE CASE LAW AS TO THE INDEPENDENCE (OR OTHERWISE) OF EXPERT WITNESSES

EXPERT WATCH 32: A REVIEW OF THE CASE LAW AS TO THE INDEPENDENCE (OR OTHERWISE) OF EXPERT WITNESSES

January 29, 2026 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

We are looking again at a case looked at yesterday. This is because the judgment contained a useful summary of many leading cases relating to the question of expert bias, or apparent bias. “It is always desirable that an expert…

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