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 » October » 12
HOW SHOULD A CLAIMANT RESPOND TO THE COUNTER-SCHEDULE? WEBINAR 14th OCTOBER 2026

HOW SHOULD A CLAIMANT RESPOND TO THE COUNTER-SCHEDULE? WEBINAR 14th OCTOBER 2026

October 12, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

A great deal of the claimant lawyer’s time is spent considering and building a case on damages.  However it is sensible for the lawyer to stop and think how realistic the claim for damages is.  One of the best means…

BACK TO BASICS MONDAY: WHAT DO YOU ADVISE A CLIENT WHO HAS A COSTS ORDER AGAINST THEM: THE IMMEDIATE AFTERMATH: 10 KEY POINTS AND USEFUL LINKS

BACK TO BASICS MONDAY: WHAT DO YOU ADVISE A CLIENT WHO HAS A COSTS ORDER AGAINST THEM: THE IMMEDIATE AFTERMATH: 10 KEY POINTS AND USEFUL LINKS

October 12, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Useful links

This posts looks at the lawyer’s role immediately after the court has made an order that your client must pay the other side’s costs. The client may be disappointed, angry or astonished at the result. There may be a strong…

PROVING THINGS 299 : DISCLOSURE FAILURES, MISSING DOCUMENTS AND THE RELIABILITY OF WITNESS EVIDENCE: THE CONSEQUENCES AT TRIAL

PROVING THINGS 299 : DISCLOSURE FAILURES, MISSING DOCUMENTS AND THE RELIABILITY OF WITNESS EVIDENCE: THE CONSEQUENCES AT TRIAL

October 12, 2026 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

This is a case that demonstrates the importance of disclosure and the dangers of failing to preserve, or positively destroying, documentary evidence in a civil case.  The judge found the (first) defendant’s conduct in that regard was extremely telling. Much…

EXPERT WATCH 77  :  YOU CANNOT WAIT UNTIL TRIAL TO COMPLAIN ABOUT THE ABSENCE OF EXPERT EVIDENCE (PARTICULARLY WHEN YOU HAVE EARLIER SAID IT WAS UNNECESSARY)

EXPERT WATCH 77 : YOU CANNOT WAIT UNTIL TRIAL TO COMPLAIN ABOUT THE ABSENCE OF EXPERT EVIDENCE (PARTICULARLY WHEN YOU HAVE EARLIER SAID IT WAS UNNECESSARY)

October 12, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

Here we have a case where the defendants, in a skeleton argument for trial, argued that the claimants could not succeed because they had to expert evidence to support their case for breach of duty. That submission was roundly rejected…

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

  • EXPERT WATCH 82: THE PROFOUND DANGERS OF AN EXPERT USING AI: “A SIGNIFICANT GAP BETWEEN THE VOICE AND OPINION OF THE EXPERT AND THE REPORT WHICH SHE HAS FILED”
  • SERVICE POINTS 58: ACCIDENT IN ENGLAND, CLAIMANTS LIVING IN AUSTRALIA: DEFENDANT’S APPLICATION TO CHALLENGE JURISDICTION REFUSED
  • EXPERT WATCH 81: EXPERT EVIDENCE ON APPEAL: COMPANY PERMITTED TO RELY ON IT EXPERT TO EXPLAIN WHY ITS DIRECTORS THOUGHT A REGULATOR’S EMAIL WAS A PHISHING ATTEMPT
  • THROWBACK FRIDAY: IN THE RUN UP TO HALLOWEEN: MISSIVES FROM THE BENCH (OCTOBER 2021): “THAT ONE’S HALF BLIND AND HALF DEAF. I CALL HIM THE COURT OF APPEAL…”
  • THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…

Top Posts

CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
SERVICE POINTS 57: PRESENCE IN THE JURISDICTION, A LAST KNOWN ADDRESS AND THE COST OF GETTING IT WRONG: UNSUCCESFUL CLAIMANT FACES A COSTS BILL OF £500,000...

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.