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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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WHEN REMOTE HEARINGS GO WRONG: AND STRUGGLING THROUGH TO PUT THEM RIGHT - AT WHOSE COSTS?

WHEN REMOTE HEARINGS GO WRONG: AND STRUGGLING THROUGH TO PUT THEM RIGHT – AT WHOSE COSTS?

June 17, 2020 · by gexall · in Arbitration,, Case Management, Civil Procedure, Coronavirus, Remote hearings

I often listen to, and read, official statements about remote hearings with a degree of scepticism.   The impression is given that things are going smoothly. The reality is that things are often going awry and it is taking a great…

THE COVERT RECORDING OF AN EXPERT'S EXAMINATION - THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT

THE COVERT RECORDING OF AN EXPERT’S EXAMINATION – THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT

May 21, 2020 · by gexall · in Arbitration,, Civil evidence, Credibility of experts, Expert evidence, Experts

In October last year I wrote about the case of Mustard v Flower & Ors [2019] EWHC 2623 (QB).  The claimant recorded her consultation with the defendant’s medical expert and was given permission to produce these in evidence.  That case has…

WITNESS CREDIBILITY 3: A JUDGMENT FROM TODAY: CREDIBILITY A CENTRAL PART OF THE CASE

WITNESS CREDIBILITY 3: A JUDGMENT FROM TODAY: CREDIBILITY A CENTRAL PART OF THE CASE

March 1, 2018 · by gexall · in Arbitration,, Civil evidence, Witness statements

This is the third post today about the subject of the assessment of witness credibility. By a curious piece of good planning it comes from a judgment today in  Jiangsu Shagang Group Co Ltd v Loki Owning Company Ltd [2018] EWHC…

RECOVERING LITIGATION FUNDING COSTS: A HIGH COURT CASE -BUT ABOUT ARBITRATION PROCEEDINGS

October 2, 2016 · by gexall · in Applications, Arbitration,, Assessment of Costs, Costs, Uncategorized

I am grateful to Professor Dominic Regan and Nicholas Bacon QC for sending me a copy of the decision in Essar Oilfields -v- Norscot [2016] EWHC 2361 (Comm).A decision of His Honour Judge Waksman QC sitting as a Judge of…

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  • ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
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