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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…

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