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 » July » 21
DAMAGES FOR PAIN SUFFERING AND LOSS OF AMENITY: RECENT CASES AND WHAT WE CAN LEARN FROM THEM: WEBINAR 23rd JULY 2026

DAMAGES FOR PAIN SUFFERING AND LOSS OF AMENITY: RECENT CASES AND WHAT WE CAN LEARN FROM THEM: WEBINAR 23rd JULY 2026

July 21, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

Every personal injury claim includes a claim for damages for pain, suffering and loss of amenity. Yet it is often the least analysed part of the claim. Awards are frequently based on broad assumptions, whilst opportunities to maximise a proper…

WHAT SHOULD A SOLICITOR DO IF A CLIENT IS PUTTING FORWARD AN ACCOUNT THAT MAY BE UNTRUE AND THEN THERE ARE "RED FLAGS"? WHEN IS THE LINE CROSSED: THE DUTIES CONSIDERED IN DETAIL

WHAT SHOULD A SOLICITOR DO IF A CLIENT IS PUTTING FORWARD AN ACCOUNT THAT MAY BE UNTRUE AND THEN THERE ARE “RED FLAGS”? WHEN IS THE LINE CROSSED: THE DUTIES CONSIDERED IN DETAIL

July 21, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

A solicitor is, generally, not under a duty to satisfy themselves that their client is telling the truth.  However what happens when there are “red flags”  which indicate the client is using the solicitor’s services in furtherance of a fraud? …

COST BITES 416: SHOULD THE COURT IMPOSE A COSTS CAP WHEN THE CASE WAS BUDGETED?  THIS IS RARELY GOING TO BE SUCCESSFUL...

COST BITES 416: SHOULD THE COURT IMPOSE A COSTS CAP WHEN THE CASE WAS BUDGETED? THIS IS RARELY GOING TO BE SUCCESSFUL…

July 21, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

This is an interesting judgment on whether the court should impose a costs cap in a case that was already subject to costs budgeting. The defendant had made an application to vary the budget which was pending.  The judge had…

SERVICE POINTS 49: THE JUDGE WOULD HAVE SET ASIDE AN ORDER EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: IT COULD HAVE BEEN SERVED WITHOUT THE PARTICULARS OF CLAIM

SERVICE POINTS 49: THE JUDGE WOULD HAVE SET ASIDE AN ORDER EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: IT COULD HAVE BEEN SERVED WITHOUT THE PARTICULARS OF CLAIM

July 21, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

This is another case that emphasises the importance of serving the claim form promptly. The claimants had obtained an order extending time for service. The defendants applied to set aside that order. The judge stated that, if the issue had…

EXPERT WATCH 60: THE JUDGE'S ASSESSMENT OF THE EXPERTS IN THE DIESEL EMISSIONS CASE: AN EXHAUSTING TRIAL?

EXPERT WATCH 60: THE JUDGE’S ASSESSMENT OF THE EXPERTS IN THE DIESEL EMISSIONS CASE: AN EXHAUSTING TRIAL?

July 21, 2026 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

We are looking here at a major case where the claimants were heavily reliant on expert evidence.  They way in which the judge viewed the experts was crucial.  This was not a case where the judge found fault with the…

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 12.4K other subscribers

Recent Posts

  • GIVING AN UNDERTAKING AS TO DAMAGES WHEN OBTAINING AN INJUNCTION: REMEMBER IT CAN COME BACK TO BITE (AND SOMETIMES BITE HARD…)
  • CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
  • THROWBACK FRIDAY: SIMILAR FACT EVIDENCE IN CIVIL CASES: AN OVERVIEW AND THE RELEVANT GUIDANCE CONSIDERED (AUGUST 2020)
  • AN ORDER FOR WASTED COSTS NARROWLY AVERTED – BUT THERE WERE ISSUES ON BOTH SIDES: “NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY”
  • ATTEMPTS TO “REVISIT” THE PRELIMINARY ISSUES REFUSED: ALSO THE JUDGE WOULD HAVE PREFERRED TO SEE WITNESS STATEMENTS NOT JUST DOCUMENTS…

Top Posts

CLAIMANT'S SUCCESSFUL APPEAL AGAINST THE STRIKING OUT OF A CASE BECAUSE A WITNESS STATEMENT HAD NOT BEEN PROVIDED: THE SMALL CLAIMS PROTOCOL IS (VERY) DIFFERENT...
AN ORDER FOR WASTED COSTS NARROWLY AVERTED - BUT THERE WERE ISSUES ON BOTH SIDES: "NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY"
FAILING TO GIVE THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: THE JUDGE MAY THINK THAT THERE IS SOMETHING FISHY GOING ON HERE...
ADVOCACY THE JUDGE'S VIEW A RECAP OF THE SERIES 3: "THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE": WHY ALL LITIGATORS SHOULD KNOW THESE THINGS...
COST BITES 432: THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE "SIGNIFICANT DEVELOPMENTS" : HIGH COURT DECISION

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.