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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. …

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Recent Posts

  • COST BITES 429: A REMINDER THAT A CLAIMANT IS STILL LIABLE TO PAY COSTS EVEN IF PROCEEDINGS ARE NEVER SERVED: SOMETHING ABOUT PRE-ACTION CONDUCT TOO…
  • SETTING ASIDE A JUDGMENT OBTAINED BY FRAUD: WHAT IF ONE OF THE PARTIES WAS INNOCENT? COURT OF APPEAL CONSIDERS THE ISSUE: SOMETHING ABOUT LACHES TOO…
  • ENFORCEMENT BULLETIN 5: AN APPLICATION FOR RECOVERY OF MONEY PAID TO ENFORCEMENT AGENT DISMISSED: IT WAS TOO LATE AND MISCONCEIVED IN ANY EVENT
  • A MYRIAD OF PROCEDURAL ISSUES A BANKRUPT CLAIMANT; AN APPLICATION TO RESILE FROM AN ADMISSION AND AN ATTEMPT TO STRIKE OUT A COUNTERCLAIM FOR “WAREHOUSING”
  • THROWBACK FRIDAY: THE DUTY TO PUT YOUR CASE: FINDINGS MADE ON KEY POINTS THAT WERE NOT PUT TO THE WITNESS OVERTURNED ON APPEAL (AUGUST 2017)

Top Posts

COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"
THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON
THROWBACK FRIDAY: THE DUTY TO PUT YOUR CASE: FINDINGS MADE ON KEY POINTS THAT WERE NOT PUT TO THE WITNESS OVERTURNED ON APPEAL (AUGUST 2017)
BACK TO BASICS MONDAY: WHAT DOCUMENTS NEED TO BE IN AN APPEAL BUNDLE? A JUDGMENT ON THAT VERY POINT:"DOCUMENTS GENUINELY REQUIRED FOR DETERMINATION OF THE APPEAL"
EXPERT WATCH 64: LOOKING AT THE CONSEQUENCES OF AN EXPERT REPORTING BADLY

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