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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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FATAL ACCIDENT CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 17th JUNE 2026

FATAL ACCIDENT CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 17th JUNE 2026

June 12, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Fatal Accidents, Webinar, Witness statements

Fatal accident litigation is fraught with procedural and evidential pitfalls. This webinar highlights the areas where cases most commonly go wrong and provides practical guidance on how to avoid costly mistakes.  It provides a comprehensive series of checklists of the…

MAZUR MATTERS 63:  THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: HIGHLIGHTING THE CHANGES AND THE NEW ELEMENTS THAT ARE IMPORTANT TO LITIGATORS

MAZUR MATTERS 63: THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: HIGHLIGHTING THE CHANGES AND THE NEW ELEMENTS THAT ARE IMPORTANT TO LITIGATORS

June 12, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

The SRA have today published updated guidance on Effective Supervision.   There are changes and additions to the pre-existing guidance. Some of these are subtle, others are major. We will look at elements of the guidance in detail in later posts. …

WHEN A LAWYER MAKES A WITNESS STATEMENT FOR THEIR CLIENT: THEY MAY BELIEVE IT TO BE TRUE, BUT IT IS A VERY DIFFERENT MATTER TO PROVIDING EVIDENCE FROM SOMEONE WITH DIRECT RELEVANT KNOWLEDGE

WHEN A LAWYER MAKES A WITNESS STATEMENT FOR THEIR CLIENT: THEY MAY BELIEVE IT TO BE TRUE, BUT IT IS A VERY DIFFERENT MATTER TO PROVIDING EVIDENCE FROM SOMEONE WITH DIRECT RELEVANT KNOWLEDGE

June 12, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

This is the second post on witness evidence and the preparation of witness statements today. It is in a very different context to the first.  Here we look at a case in the Intellectual Property List where a judge considered…

WHEN A JUDGE DESCRIBES THE WAY IN WHICH A WITNESS STATEMENT WAS DRAFTED AS "ALARMING" IT IS CLEAR THAT THINGS ARE GOING WRONG

WHEN A JUDGE DESCRIBES THE WAY IN WHICH A WITNESS STATEMENT WAS DRAFTED AS “ALARMING” IT IS CLEAR THAT THINGS ARE GOING WRONG

June 12, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

Here we have a case where the judge uses the word “alarmingly” to describe the way in which a witness prepared their witness statement.  It transpired that only part of the statement was the witnesses’ evidence, the rest had been…

A CLAIMANT'S APPLICATION FOR AN ANONYMITY ORDER AND THE APPLICATION TO BE HEARD IN PRIVATE WAS REFUSED

A CLAIMANT’S APPLICATION FOR AN ANONYMITY ORDER AND THE APPLICATION TO BE HEARD IN PRIVATE WAS REFUSED

June 12, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

This is a case where the principles relating to anonymity orders and private hearings were considered in detail.  The claimants applications was largely refused. The only concession being a restriction on disclosure of the claimant’s address.  It is important (if…

THROWBACK FRIDAY: WHEN A CLAIMANT FAILED TO PROVE ANY LOSS AND ATTEMPTED TO USE A LAY WITNESS AS AN EXPERT (JUNE 2018):"THERE IS NO ADMISSIBLE EVIDENCE OF ANY LOSS"

THROWBACK FRIDAY: WHEN A CLAIMANT FAILED TO PROVE ANY LOSS AND ATTEMPTED TO USE A LAY WITNESS AS AN EXPERT (JUNE 2018):”THERE IS NO ADMISSIBLE EVIDENCE OF ANY LOSS”

June 12, 2026 · by gexall · in Civil evidence, Civil Procedure, Damages, Members Content, Witness statements

We have seen recent examples of cases where parties have failed to prove that they have suffered any loss.   The attempts by lay witnesses to give “expert” evidence is also a recurrent theme in this blog. Here we go back…

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