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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Expert evidence » Page 11

SURVIVING MITCHELL 15: SHARE THE PAIN

April 10, 2014 · by gexall · in Avoiding negligence claims, Expert evidence, Members Content, Relief from sanctions

Most of the burden of complying with time periods and court orders lies with the solicitor.  However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…

ANOTHER HIGH COURT DECISION: RELIEF FROM SANCTIONS REFUSED: CLARKE –V- BARCLAYS BANK CONSIDERED

March 3, 2014 · by gexall · in Applications, Civil Procedure, Expert evidence, Members Content, Relief from sanctions

The Clarke –v- Barclays Bank [2014] EWHC decision is interesting for a number of reasons. Among other things it provides object lessons in the dangers of failing to make prompt applications and assuming cases will settle. It also highlights the…

SURVIVING MITCHELL 5: CAN YOU EVEN AGREE EXTENSIONS OF TIME?

January 22, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Disclosure, Expert evidence, Members Content, Relief from sanctions, Witness statements

The earlier post on extensions of time gained a lot of attention and numerous issues were raised at twitter.  This is such a fast moving area that a case, reported yesterday, deals with some of the issues raised.  I wanted…

“AN OBJECT LESSON IN HOW MODERN LITIGATION SHOULD NOT BE CONDUCTED.”

November 20, 2013 · by gexall · in Applications, Civil Procedure, Expert evidence, Members Content, Relief from sanctions

 It may be thought that commentary on issues of procedural default is in abeyance until the Mitchell decision from the Court of Appeal. However, as recent posts have shown, cases are still coming through thick and fast.  When a judge…

DEFAULT, DELAY AND EXPERT EVIDENCE: COURT OF APPEAL LAYS DOWN THE LAW

November 18, 2013 · by gexall · in Appeals, Civil Procedure, Expert evidence, Members Content, Relief from sanctions

The case of Boyle –v- Commissioner of Police for the Metropolis provides another example of the problems caused by late service of evidence. The Court of Appeal set down clear guidance of the new culture of intolerance to delay.  THE…

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  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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