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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?

BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?

April 20, 2026 · by gexall · in Advocacy, Applications, Civil evidence, Civil Procedure, Members Content

In civil proceedings witnesses are commonly present throughout an entire action. On occasions a request is made that witnesses be excluded.  There is little authority for the proposition that a court can exclude witnesses or guidance as to how the…

THERE MAY BE A LOT  OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN "UNFOCUSED" MANNER: A "MOVEABLE FEAST" IS NOT A WISE WAY TO CONDUCT LITIGATION

THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN “UNFOCUSED” MANNER: A “MOVEABLE FEAST” IS NOT A WISE WAY TO CONDUCT LITIGATION

April 20, 2026 · by gexall · in Civil evidence, Civil Procedure, Conduct, Members Content

It is not that common for a judge to comment that a claim has been brought in an “unfocused manner”.   It is even less common in a case where the case is heavily “lawyered”.  We have an example here.  The…

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Recent Posts

  • BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
  • THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN “UNFOCUSED” MANNER: A “MOVEABLE FEAST” IS NOT A WISE WAY TO CONDUCT LITIGATION
  • CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP – BUT HINDER: “I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT’S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME”
  • THROWBACK FRIDAY: THE DANGERS OF LETTING WITNESSES GIVE “OPINION” EVIDENCE: TWELVE YEARS ON AND THINGS MAY HAVE NOT CHANGED THAT MUCH: APRIL 2014

Top Posts

  • BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
  • THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN "UNFOCUSED" MANNER: A "MOVEABLE FEAST" IS NOT A WISE WAY TO CONDUCT LITIGATION
  • CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP - BUT HINDER: "I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT'S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME"
  • THROWBACK FRIDAY: THE DANGERS OF LETTING WITNESSES GIVE "OPINION" EVIDENCE: TWELVE YEARS ON AND THINGS MAY HAVE NOT CHANGED THAT MUCH: APRIL 2014

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