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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?

WHEN A CASE – WEEKS AWAY FROM TRIAL WAS “UNTENABLE”: HOW DID WE GET HERE?

May 11, 2026 · by gexall · in Avoiding negligence claims, Brexit, Civil evidence, Civil Procedure, Members Content, Witness statements

We don’t normally look at the same case twice in the same day. However this particular judgment needs looking at from different angles.  The previous post looked at the case from the point of view of the pleadings.  However the…

BREXIT, APPLICATIONS AND THE LEGAL LABYRINTH: A CASE TO POINT

BREXIT, APPLICATIONS AND THE LEGAL LABYRINTH: A CASE TO POINT

July 8, 2021 · by gexall · in Applications, Brexit, Civil Procedure, Members Content

The legal problems caused by Brexit raised their head in the judgment of Master Clark in Shanavazi, Re [2021] EWHC 1832 (Ch).   “It will be apparent from this judgment that a relatively simple practical problem has given rise to…

THE USE OF EXPERT WITNESSES TO CONSTRUE EUROPEAN DIRECTIVES AFTER BREXIT:  HOW THE COURT WORKS WITH "ONE OR BOTH HANDS TIED BEHIND ITS BACK"

THE USE OF EXPERT WITNESSES TO CONSTRUE EUROPEAN DIRECTIVES AFTER BREXIT: HOW THE COURT WORKS WITH “ONE OR BOTH HANDS TIED BEHIND ITS BACK”

June 16, 2021 · by gexall · in Appeals, Brexit, Civil evidence, Expert evidence, Experts, Members Content

In  Greenaway v Parrish & Ors [2021] EWHC 1506 (QB) Mr Justice Martin Spencer considered the “nightmare position” the courts are now in as a result of the European Union (Withdrawal) Act 2018 in relation to interpreting European Directives.   This…

CONSTRUING REGULATIONS AFTER BREXIT: COURT OF APPEAL GUIDANCE: THE CASE OF THE ABSENT PILOT

CONSTRUING REGULATIONS AFTER BREXIT: COURT OF APPEAL GUIDANCE: THE CASE OF THE ABSENT PILOT

March 30, 2021 · by gexall · in Appeals, Brexit, Members Content

I am grateful to my colleague Michael Rawlinson QC for sending me a copy of the Court of Appeal judgment in Lipton -v- BA City Flyer Limited [2021] EWCA Civ 454. The judgment of Lord Justice Green contains a comprehensive…

CIVIL PROCEDURE AND COSTS ROUND UP: FEBRUARY 2021

CIVIL PROCEDURE AND COSTS ROUND UP: FEBRUARY 2021

March 1, 2021 · by gexall · in Brexit, Civil Procedure, Costs, Members Content, Wasted Costs

 A round up of posts and articles about civil procedure and costs in February 2021.   THE CIVIL PROCEDURE RULES The Law Society Gazette Litigants baffled as Civil Procedure Rules move to new site Litigation Futures  Minister promises urgent review of…

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP - JANUARY 2020

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – JANUARY 2020

January 29, 2020 · by gexall · in Brexit, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Members Content

Links and articles to blog posts and articles available online in January 2020 Costs Costs Barrister Conditional fee agreements and contentious business agreements Association for Costs Lawyers Oversight regulator praises CLSB’s “considerable progress” Association for Costs Lawyers Offer acceptanc… Enjoying this post? Become…

BREXIT AND CIVIL PROCEDURE:  EXPERTS ARE NOT BE CROSS EXAMINED ON FORESEEABILITY OF UK LEAVING THE EU

BREXIT AND CIVIL PROCEDURE: EXPERTS ARE NOT BE CROSS EXAMINED ON FORESEEABILITY OF UK LEAVING THE EU

January 14, 2019 · by gexall · in Brexit, Civil evidence, Expert evidence, Experts, Members Content

This is a far less exciting case than the headline suggests, however it is the first  case I have seen about the impact of Brexit on civil procedure (albeit indirectly). In Canary Wharf (Bp4) T1 Ltd & Ors v European Medicines…

BREXIT: THE LEGAL CONSEQUENCES: USEFUL LINKS

June 25, 2016 · by gexall · in Brexit, Members Content, Uncategorized, Useful links

The vote to leave the EU has legal consequences across a wide range of practice areas. Here I aim to provide links to useful posts and articles that discuss those issues. This post is updated regularly. THE INDIVIDUAL SECTIONS There…

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Recent Posts

  • 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…
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  • “THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE”: EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
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"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
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
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NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)

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