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 » 23
EXPERT WATCH 62: ANOTHER CASE WHERE THE EXPERT DID NOT UNDERSTAND THE "BOLAM" TEST: PLUS THE DANGERS OF INSTRUCTING AN EXPERT BY A "PORTAL"

EXPERT WATCH 62: ANOTHER CASE WHERE THE EXPERT DID NOT UNDERSTAND THE “BOLAM” TEST: PLUS THE DANGERS OF INSTRUCTING AN EXPERT BY A “PORTAL”

July 23, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

For the second time today I am writing about a case where the trial judge was concerned that an expert witness for the claimant did not fully understand the “Bolam” test.  The concern also extends to the way in which…

A BOOK ABOUT SERVICE (AT LONG LAST): WHAT IS MORE IT IS IMPRESSIVE, COMPREHENSIVE AND FILLS A GAP IN THE MARKET (AND, THIS BLOG'S PART IN ITS CREATION)

A BOOK ABOUT SERVICE (AT LONG LAST): WHAT IS MORE IT IS IMPRESSIVE, COMPREHENSIVE AND FILLS A GAP IN THE MARKET (AND, THIS BLOG’S PART IN ITS CREATION)

July 23, 2026 · by gexall · in Applications, Avoiding negligence claims, Book Review, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Serving documents

Regular readers will know that this blog features a lot of cases about service of the claim form.  It is one of the most common problem areas in litigation. It is surprising that there has not been a recent text…

THE RULES ARE CHANGING: ADVANCE NOTICE:  GOODBYE TO THE CHANCERY DIVISION

THE RULES ARE CHANGING: ADVANCE NOTICE: GOODBYE TO THE CHANCERY DIVISION

July 23, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Rule Changes

A whole raft of changes come into force on the 1st October.   The most noticeable will be that the Chancery Division disappears.   There is also an end to the “presumption” that costs management takes place by telephone.  Also note the…

EXPERT WATCH 61: THE EXPERT WAS TELLING ME WHAT THEY WOULD HAVE DONE RATHER THAN APPLYING THE BOLAM STANDARD: CLAIMANT'S CASE FAILS AT TRIAL

EXPERT WATCH 61: THE EXPERT WAS TELLING ME WHAT THEY WOULD HAVE DONE RATHER THAN APPLYING THE BOLAM STANDARD: CLAIMANT’S CASE FAILS AT TRIAL

July 23, 2026 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

This case looks at a common issue in relation to experts, particularly in clinical negligence cases.   Specialists can report on what they would have done (given their own level of expertise) rather than what the “reasonable” practitioner would have done. …

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

  • WHO IS A PARTY AFFECTED BY A SUMMARY JUDGMENT? THE CPR; CRYPTOCURRENCY; DELAY IN APPLYING AND THE MERITS OF THE CASE CONSIDERED IN A COURT OF APPEAL JUDGMENT TODAY
  • GUIDE TO FATAL ACCIDENTS 5th EDITION: PUBLISHED LATER THIS YEAR: AVAILABLE TO PRE-ORDER
  • SUPREME COURT PRACTICE DIRECTIONS AMENDED: REPLIES TO OBJECTIONS, BUNDLES, COURT DRESS AND DRAFT ORDERS: WHAT THIS MEANS IN PRACTICE
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … HOUSING LAW, COSTS AND PROCEDURE: 10 KEY POINTS AND USEFUL LINKS
  • INTERIM PAYMENTS: THE EXISTENCE OF DISPUTED DEFENCES AND COUNTERCLAIMS DID NOT PREVENT AN AWARD OF £1.4 MILLION

Top Posts

CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE...
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
SUPREME COURT PRACTICE DIRECTIONS AMENDED: REPLIES TO OBJECTIONS, BUNDLES, COURT DRESS AND DRAFT ORDERS: WHAT THIS MEANS IN PRACTICE
WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES - CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
EXPERT WATCH 73: AN "AD HOMINEM ATTACK" ON A PARTY'S EXPERT FAILS TO IMPRESS THE JUDGE

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.