Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » March » 04
WITNESS EVIDENCE WEDNESDAY II: WITNESS CREDIBILITY:  THE PRINCIPLES IN TUI -V- GRIFFITHS DID NOT IMPACT ON THE ASSESSMENT OF A LAY WITNESS

WITNESS EVIDENCE WEDNESDAY II: WITNESS CREDIBILITY: THE PRINCIPLES IN TUI -V- GRIFFITHS DID NOT IMPACT ON THE ASSESSMENT OF A LAY WITNESS

March 4, 2026 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

Here we have an unusual argument where an appellant attempted to use the decision in Tui -v- Griffiths to argue that a tribunal should not have accepted the evidence of a lay witness.  The evidence of the witness in question…

COURT OF APPEAL OVERTURNS DECISION ABOUT LATE ACCEPTANCE OF PART 36 OFFER LEADING TO CLAIMANT BEING ENTITLED TO COSTS TO BE ASSESSD

COURT OF APPEAL OVERTURNS DECISION ABOUT LATE ACCEPTANCE OF PART 36 OFFER LEADING TO CLAIMANT BEING ENTITLED TO COSTS TO BE ASSESSD

March 4, 2026 · by gexall · in Appeals, Civil Procedure, Costs, Fixed Costs, Members Content, Part 36

It is a busy day for Court of Appeal decisions on procedure. Here we have an important judgment on Part 36.  What are the costs consequences if a defendant makes a Part 36 offer when the case is subject to…

IMPORTANT COURT OF APPEAL DECISION TODAY: A CLAIM IS BROUGHT WHEN A CLAIM FORM IS SENT TO THE COURT EVEN IF IT DOES NOT HAVE THE CORRECT ISSUE FEE

IMPORTANT COURT OF APPEAL DECISION TODAY: A CLAIM IS BROUGHT WHEN A CLAIM FORM IS SENT TO THE COURT EVEN IF IT DOES NOT HAVE THE CORRECT ISSUE FEE

March 4, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Court fees, Members Content

This Court of Appeal decision today clarifies the position when a claimant files a claim at court but mistakenly does not pay the correct fee.  The Court held that the claim was “delivered” when the claim was filed at court….

CCC AND LOST YEARS IN THE SUPREME COURT: THE POTENTIAL STING IN THE TAIL FOR CLAIMANTS: "WAGES IN HEAVEN SHOULD NOT BE AWARDED WHEN THEY ARE NEEDED ON EARTH"

CCC AND LOST YEARS IN THE SUPREME COURT: THE POTENTIAL STING IN THE TAIL FOR CLAIMANTS: “WAGES IN HEAVEN SHOULD NOT BE AWARDED WHEN THEY ARE NEEDED ON EARTH”

March 4, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Clinical Negligence, Damages, Members Content, Personal Injury

Here we are looking at some of the observations made by Lord Burrows in the recent judgment given by the Supreme Court.  In the short term it is good news for seriously injured child claimants. However Lord Burrows has laid…

WITNESS EVIDENCE WEDNESDAY: EVIDENCE BY VIDEO LINK ALLOWED: IS THERE A GOOD REASON, DOES IT SERVE A LEGITIMATE AIM & IS IT CONSISTENT WITH THE OVERRIDING OBJECTIVE?

WITNESS EVIDENCE WEDNESDAY: EVIDENCE BY VIDEO LINK ALLOWED: IS THERE A GOOD REASON, DOES IT SERVE A LEGITIMATE AIM & IS IT CONSISTENT WITH THE OVERRIDING OBJECTIVE?

March 4, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Remote hearings, Witness statements

Here we have an unusual issue in an unusual (but high profile) case. The question was whether a witness could be permitted to give evidence by video link in circumstances where he was unable to attend court, but it was…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.3K other subscribers

Recent Posts

  • ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR…)
  • THE CURRENT IMPORTANCE OF PLEADINGS 83: THE CASE OF THE SOLICITOR’S LIEN: THE JUDGE SHOULD NOT HAVE DECIDED AN APPLICATION TO STRIKE OUT ON THE BASIS OF AN UNPLEADED CASE
  • THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)
  • AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED
  • AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF “PROMPTNESS” WHEN NOTHING HAPPENED FOR A YEAR…

Top Posts

NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES' COURT, THE LANDS CHAMBER (AND MANY OTHERS)
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"
THE COURT OF APPEAL OVERTURNS A JUDICIAL REVIEW DECISION IN FAVOUR OF A SOLICITOR: THE OMBUDSMAN GOT NOTHING WRONG (QUITE A LOT HERE ABOUT VULNERABLE CLIENTS AS WELL...)

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.