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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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A SERIES OF WEBINARS ON "STAYING SAFE" IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

December 9, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Personal Injury, Relief from sanctions, Risks of litigation, Schedules, Well being, Witness statements

To help 2021 run smoothly  for  litigators I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice and…

COSTS ISSUES IN A CASE WHERE THE CLAIMANTS HAVE TO PAY £30 MILLION: WHY IT IS UNWISE TO BANK ON WINNING

COSTS ISSUES IN A CASE WHERE THE CLAIMANTS HAVE TO PAY £30 MILLION: WHY IT IS UNWISE TO BANK ON WINNING

July 14, 2020 · by gexall · in Conduct, Costs, Costs budgeting, Interest, Interim Payments, Risks of litigation

A reminder of the sheer size, and major dangers, of group litigation can be seen in the judgment today in Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch).  The judgment relates to the costs of the action…

WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM...

WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM…

June 17, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Credibility of experts, Damages, Fatal Accidents, Risks of litigation, Webinar, Witness statements

Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars.  This would seem a good time to set them out.  Those that  have been given earlier this year are still available on…

CLAIMANT'S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER

CLAIMANT’S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER

October 29, 2019 · by gexall · in Civil Procedure, Costs, Part 36, Personal Injury, Risks of litigation

 The judgment of Mrs Justice Lambert in Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB) emphasises the difficulties for a claimant who has accepted a Part 36 offer late.   The claimant had to bear the usual costs consequences and…

QOCS IN "MIXED "CASES: THE COURT OF APPEAL SPEAKS

QOCS IN “MIXED “CASES: THE COURT OF APPEAL SPEAKS

October 18, 2019 · by gexall · in Appeals, Costs, Part 36, QOCS, Risks of litigation

In the judgment today in Brown v Commissioner of Police of the Metropolis & Anor [2019] EWCA Civ 1724 the Court of Appeal considered the issue of QOCS in “mixed cases”.  The judgment requires careful reading. Generally speaking all personal…

CIVIL PROCEDURE BACK TO BASICS 56: ADVISING ON THE RISKS OF LITIGATION: "CLIENTS WANT TWO INCONSISTENT THINGS"

CIVIL PROCEDURE BACK TO BASICS 56: ADVISING ON THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”

July 23, 2019 · by gexall · in Avoiding negligence claims, Risks of litigation

The difficulties facing those giving advice about litigation is summed up in a judgment of Sedley LJ  “Clients, I know, want two inconsistent things. They want confident advice on which they can act, and they want cautionary advice about the…

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

July 3, 2019 · by gexall · in Admissions, Applications, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Costs budgeting, Credibility of experts, Experts, Fatal Accidents, Risks of litigation, Statements of Case, Statements of Truth, Witness statements

The “back to basics” series has been going since April 2018.  It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”.   Some people have expressed surprise and how “basic” some points are…

SIXTH ANNIVERSARY OF CIVIL LITIGATION BRIEF (AS A BLOG): A REVIEW OF ADVICE RECEIVED FROM ACROSS THE PROFESSION AND ACROSS THE WORLD

SIXTH ANNIVERSARY OF CIVIL LITIGATION BRIEF (AS A BLOG): A REVIEW OF ADVICE RECEIVED FROM ACROSS THE PROFESSION AND ACROSS THE WORLD

June 24, 2019 · by gexall · in Access to justice, Applications, Avoiding negligence claims, Fork handles, Risks of litigation, Useful links, Witness statements

Today marks the 6th anniversary of the blog.  Last year I did a detailed review of many of the series and key points over the previous years.   To celebrate this year I am concentrating on the contributions made by others….

LAWYERS, DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT? ("A DEADLINE... THAT IS ALL")

LAWYERS, DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT? (“A DEADLINE… THAT IS ALL”)

May 2, 2019 · by gexall · in Avoiding negligence claims, Case Management, Risks of litigation, Useful links, Well being

Many of the cases that appear on this blog, particularly those dealing with sanctions and service, arise because things are left to the very last minute. We have looked before at lawyers and procrastination.  I thought that perhaps this is…

AN "UNFORTUNATE CHANGE OF VIEW" BY AN EXPERT: ANOTHER EXAMPLE OF A REPORT NOT BEING ROBUST AND CAUSING DIFFICULTY FOR LITIGANTS

AN “UNFORTUNATE CHANGE OF VIEW” BY AN EXPERT: ANOTHER EXAMPLE OF A REPORT NOT BEING ROBUST AND CAUSING DIFFICULTY FOR LITIGANTS

April 24, 2019 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Risks of litigation

There have been several posts this month about experts, particularly valuation experts.  There are short passages in the judgment of Chief Master Marsh in  Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch)  which provide another example. THE…

EXTENSIVE WITNESS EVIDENCE THAT WAS OF NO USE: A COMMON FINDING

EXTENSIVE WITNESS EVIDENCE THAT WAS OF NO USE: A COMMON FINDING

November 4, 2018 · by gexall · in Civil evidence, Risks of litigation, Witness statements

We have already looked at the judgment of Mrs Justice Cockerill in  Recovery Partners GP Ltd & Anor v Rukhadze & Ors [2018] EWHC 2918 (Comm). It is worth looking at what the judge had to say about the witness evidence before…

NON COMPLIANCE WITH PEREMPTORY ORDERS: STRIKING OUT; LATE ATTEMPTS TO COMPLY; LATE "ACCEPTANCE" OF PART 36 OFFERS AND NO RELIEF FROM SANCTIONS: ALL LITIGATION LIFE IS HERE

NON COMPLIANCE WITH PEREMPTORY ORDERS: STRIKING OUT; LATE ATTEMPTS TO COMPLY; LATE “ACCEPTANCE” OF PART 36 OFFERS AND NO RELIEF FROM SANCTIONS: ALL LITIGATION LIFE IS HERE

October 25, 2018 · by gexall · in Appeals, Applications, Case Management, Civil evidence, Civil Procedure, Disclosure, Part 36, Peremptory orders, Relief from sanctions, Risks of litigation, Sanctions, Serving documents, Striking out

In Devoy-Williams -v- High Cartwright & Amin [2018] EWHC 2815 (Ch) Mrs Justice Falk upheld a decision that an action was struck out and that relief from sanctions should not be granted. It is a reminder (amongst other things)  of…

ADVISING YOUR CLIENT ON LITIGATION RISKS 4: THE SCOPE OF THE SOLICITOR'S RETAINER: TURN DOWN AN OFFER OF £500,000 AND LOSE - THREE TIMES

ADVISING YOUR CLIENT ON LITIGATION RISKS 4: THE SCOPE OF THE SOLICITOR’S RETAINER: TURN DOWN AN OFFER OF £500,000 AND LOSE – THREE TIMES

October 25, 2018 · by gexall · in Appeals, Civil Procedure, Costs, Risks of litigation

In  Lyons v Fox Williams LLP [2018] EWCA Civ 2347 the Court of Appeal turned down the claimant’s appeal.  The claimant had been unsuccessful in an action for professional negligence against a firm of solicitors. He was equally unsuccessful on appeal….

ADVISING ON LITIGATION RISKS 1: YOU CAN BE BELIEVED AS A WITNESS AND STILL LOSE YOUR CASE

ADVISING ON LITIGATION RISKS 1: YOU CAN BE BELIEVED AS A WITNESS AND STILL LOSE YOUR CASE

September 17, 2018 · by gexall · in Civil evidence, Civil Procedure, Risks of litigation, Witness statements

Earlier posts have looked at the concept of “litigation risks”. This is something we are all aware of as practising lawyers. We advise on those risks on a daily basis.  However very little is written about this.  This is the…

ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: "CLIENTS WANT TWO INCONSISTENT THINGS": CASES AND GUIDANCE

ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE

September 10, 2018 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Risks of litigation, Useful links

A recent decision by the Bar Standards Board held that a barrister had not acted with reasonable competence when he failed to inform his client  in relation to the risks of bringing a private prosecution. This decision highlights the need…

TOMLIN ORDER PREVENTS "SUCCESSFUL" DEFENDANT RECOVERING COSTS FROM CLAIMANT'S DAMAGES IN A QOCS CASE: BUT CHOOSE YOUR DEFENDANTS CAREFULLY

TOMLIN ORDER PREVENTS “SUCCESSFUL” DEFENDANT RECOVERING COSTS FROM CLAIMANT’S DAMAGES IN A QOCS CASE: BUT CHOOSE YOUR DEFENDANTS CAREFULLY

July 17, 2018 · by gexall · in Appeals, Costs, QOCS, Risks of litigation

In Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 the Court of Appeal considered issues relating to the recoverability of costs in multi-defendant cases where the claimant would normally have the protection of qualified one-way costs shifting.   The case provides…

PROVING THINGS 86: CLAIMANTS PROVE THE FACTS BUT FAIL TO PROVE CAUSATION: A SALUTARY TALE

PROVING THINGS 86: CLAIMANTS PROVE THE FACTS BUT FAIL TO PROVE CAUSATION: A SALUTARY TALE

February 20, 2018 · by gexall · in Civil evidence, Damages, Experts, Risks of litigation, Witness statements

The decision of His Honour Judge Simpkiss in O’Neill -v- Bull & Bull* (Canterbury County Court 5th February 2018) is an almost classical example of the need to prove things. It also provides a warning to non-contentious lawyers on the…

STRIKING OUT THE CLAIM FOR NON-PAYMENT OF TRIAL FEE: THIS IS ALWAYS A POINT TO WATCH

STRIKING OUT THE CLAIM FOR NON-PAYMENT OF TRIAL FEE: THIS IS ALWAYS A POINT TO WATCH

October 13, 2017 · by gexall · in Civil Procedure, Risks of litigation, Rule Changes, Sanctions, Striking out

In April this year the rules were amended to introduce a concept of “automatic striking out”.  Put simply if a claimant does not pay the court fee by the relevant date. I have seen occasions where this has had effect….

WHEN THE CLAIMANT WAS REFUSED PERMISSION TO ACCEPT £300,000: WHAT HAPPENED NEXT? (THIS DOESN'T END WELL FOR SOMEONE)

WHEN THE CLAIMANT WAS REFUSED PERMISSION TO ACCEPT £300,000: WHAT HAPPENED NEXT? (THIS DOESN’T END WELL FOR SOMEONE)

October 6, 2017 · by gexall · in Civil evidence, Part 36, Risks of litigation

Earlier this week there was a post on the case of Houghton (Stanley) -v- P.B. Donaghue (Haulage & Plant Hire Ltd & Ors) [2017] EWHC 1738 (Ch) in which a claimant was refused permission to accept an offer of £300,000 after…

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER  OF SETTLEMENT IS AN ABUSE OF PROCESS

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER OF SETTLEMENT IS AN ABUSE OF PROCESS

March 10, 2017 · by gexall · in Appeals, Applications, Conduct, Litigants in person, Risks of litigation

In Balk -v- Otkrite International Investment [2017] EWCA the Court of Appeal was highly critical of a litigant’s failure to respond to an open offer of settlement of appeal. The failure to engage  with an open offer of settlement amounted…

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