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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » October » 26
BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES

BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES

October 26, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Witness statements

The post this morning on witness summaries provides an opportunity to revisit the rules about witness summaries.  It is notable that many of the cases relating to this topic also deal with applications for relief from sanctions when the summaries…

EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT

EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT

October 26, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we have what are almost “classical” issues about the role of experts (in the sense we have seen this many times before). Both parties in this litigation called experts. The judge found one expert not to be fully independent …

PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS "PRINCE")

PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)

October 26, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Cases on witness summaries are fairly rare.  Here we have issues relating to witness summaries considered in the context of a high profile witness.   The judgment explains when a witness summary can be used.  More specifically whether a party can…

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