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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 A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)

WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)

March 31, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?”  The answer is yes, for some documents at least.   The lawyer has to remember (i) what…

"WHAT'S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?" WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED

“WHAT’S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?” WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED

March 3, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Truth, Witness statements

The question “What’s the difference between knowledge and belief” was a search term that led to this blog yesterday.  I mentioned this on Twitter and it has led to some interesting responses, ranging from the philosophical to the whimsical. You…

CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE - AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE

CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE – AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE

February 24, 2021 · by gexall · in Civil evidence, Civil Procedure, Statements of Truth

The facts in  Amirtharaja & Anor v White & Anor [2021] EWHC 330 (Ch) are unusual to say the least.  Someone who had died two years prior to issue was included as a party in a claim form. The matter…

A CAREFUL APPROACH IS NEEDED TO THE GATHERING OF EVIDENCE AND THE SIGNING OF WITNESS STATEMENTS: A LOCAL AUTHORITY FALLS WELL SHORT OF THE MARK

A CAREFUL APPROACH IS NEEDED TO THE GATHERING OF EVIDENCE AND THE SIGNING OF WITNESS STATEMENTS: A LOCAL AUTHORITY FALLS WELL SHORT OF THE MARK

October 9, 2020 · by gexall · in Statements of Truth, Witness statements

It is unusual for this blog to cover family cases, particularly decisions made some three years ago.  However the judgment of HHJ Corbett in E (A Child : Care proceedings : Costs) [2017] EWFC 118 has recently been published on…

"LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT": THE IMPORTANCE OF THE STATEMENT OF TRUTH

“LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT”: THE IMPORTANCE OF THE STATEMENT OF TRUTH

October 4, 2020 · by gexall · in Civil Procedure, Committal proceedings, Statements of Truth

There are many, many cases about committal proceedings in commercial cases.  Some judges have observed that they appear to be used tactically.   Most are confined to their own facts. However in North of England Coachworks Ltd v Khan [2020] EWHC…

WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: "THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME"

WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: “THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME”

May 14, 2020 · by gexall · in Applications, Avoiding negligence claims, Relief from sanctions, Statements of Truth, Witness statements

The judgment of HHJ Simon Barker QC in Heathfield International LLC v Axiom Stone (London) Ltd [2020] EWHC 1075 (Ch) is another example of a party coming to grief because of the failure to file a costs budget timeously.  That…

MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?

MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?

April 11, 2020 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

I have had questions, from several sources, about whether it is possible to amend the “new form” of the  statement of truth when a document is not being signed by a party to litigation.   PRACTICE DIRECTION 22. The new…

GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY...

GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY…

April 6, 2020 · by gexall · in Civil Procedure, Rule Changes, Statements of Truth, Witness statements

To add to all the practical difficulties facing litigators the 113th update to Practice Direction Amendments comes into force today. Here are some of the key points. THE AMENDMENT TO THE STATEMENT OF TRUTH This the major change that will…

REMOTE WORKING AND THE LITIGATOR 3: SIGNING WITNESS STATEMENTS IN A TIME OF SOCIAL ISOLATION

REMOTE WORKING AND THE LITIGATOR 3: SIGNING WITNESS STATEMENTS IN A TIME OF SOCIAL ISOLATION

March 25, 2020 · by gexall · in Civil Procedure, Coronavirus, Statements of Truth, Witness statements

One major difficulty that faces all litigators at present is how to get witness statements signed.    Here are a few ideas.   E-SIGNATURES MAY BE VALID There is no binding authority on this issue. However the decision of District Judge…

REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH

REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH

March 21, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Coronavirus, Statements of Truth

There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…

WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL

WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL

February 21, 2020 · by gexall · in Appeals, Civil evidence, Civil Procedure, Rule Changes, Statements of Case, Statements of Truth

The 113th update to Practice Direction Amendments  introduces important changes to to witness statements in foreign languages  (Coming into force from the 6th April 2020).   CHANGES TO PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH There are amendments and addition…

THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)

THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)

February 17, 2020 · by gexall · in Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

This is the third (and final) post in the series that examines the importance of the statement of truth.  Here we look at the clear and start warnings given by the courts about the importance of the statement of truth….

THE IMPORTANCE OF THE STATEMENT OF TRUTH (2): WHY LAWYERS SHOULD THINK (MORE THAN TWICE) BEFORE SIGNING IT

THE IMPORTANCE OF THE STATEMENT OF TRUTH (2): WHY LAWYERS SHOULD THINK (MORE THAN TWICE) BEFORE SIGNING IT

February 17, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Truth

Given the imminent changes to the statement of truth this is a good time to consider the problems that can occur when a lawyer signs a statement of truth on behalf of their client.  There are some cases that make…

THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED "BEEFING UP" (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO...)

THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED “BEEFING UP” (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO…)

February 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Statements of Case, Statements of Truth

Yesterday was, by a long way, the busiest day on this blog ever.  The reason for this being that everyone is anxious to know the new wording for the statement truth.  There is a need for a short series on…

MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED...

MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…

February 14, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Statements of Truth, Witness statements

We are returning to the 113th update to Practice Direction Amendments.  This introduces important changes to to the wording of the statement of truth.  (Coming into force from the 6th April 2020). THE AMENDMENT The amendment makes changes to the…

WHY PROCEDURAL RULES ARE IMPORTANT (AND LEAD TO SUBSTANTIVE JUSTICE): "JUDGES ARE NOT SUPERHUMAN, AND DO NOT POSSESS SUPERNATURAL POWERS"

WHY PROCEDURAL RULES ARE IMPORTANT (AND LEAD TO SUBSTANTIVE JUSTICE): “JUDGES ARE NOT SUPERHUMAN, AND DO NOT POSSESS SUPERNATURAL POWERS”

October 20, 2019 · by gexall · in Applications, Case Management, Civil evidence, Civil Procedure, Disclosure, Statements of Truth, Witness statements

In  Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court) emphasised the importance of procedural rules.   There are quite a few interesting observations in relation to disclosure, redaction, civil…

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

October 17, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Experts, Limitation, QOCS, Relief from sanctions, Serving documents, Statements of Case, Statements of Truth, Witness statements

  The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements.  The titles are often prompted by elements…

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…

A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : "NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE"

A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : “NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE”

June 6, 2019 · by gexall · in Avoiding negligence claims, Statements of Case, Statements of Truth, Witness statements

The previous post on this blog was about the importance of giving the source of information or belief and first hand witness evidence. However whenever a lawyer signs a document with a statement of truth they are taking their career…

SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER

SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER

May 21, 2019 · by gexall · in Applications, Statements of Case, Statements of Truth, Witness statements

One aspect of the decision in Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 that may be unique is the fact that the court will be considering the statement of truth certified by an electronic signature.  That case emphasises, if…

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