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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021

DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021

February 23, 2021 · by gexall · in Avoiding negligence claims, Damages, Webinar

This webinar on the 4th March 2021 is part of the Avoiding Pitfalls series. It looks at rules and practice relating to drafting and proving damages in personal injury cases.  The webinar considers schedules of damages and proving damages with…

EVIDENCE AND WITNESS STATEMENTS: AVOIDING THE PITFALLS: WEBINAR 25th FEBRUARY 2021

EVIDENCE AND WITNESS STATEMENTS: AVOIDING THE PITFALLS: WEBINAR 25th FEBRUARY 2021

February 16, 2021 · by gexall · in Civil evidence, Webinar, Witness statements

I am giving a webinar on avoiding the pitfalls in evidence and witness statements on the 25th February 2021. Details are available here.    “Unfortunately, rules practice directions and guidance as to the content of witness statements appeal to be…

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)

February 11, 2021 · by gexall · in Civil evidence, Civil Procedure, Costs, Rule Changes, Webinar

I am returning to the changes being introduced in relation to vulnerable parties and witnesses because the new rules are now available here . The new Practice Direction was looked at in detail in an earlier post.    CHANGES TO…

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: WEBINAR 17th FEBRUARY 2021

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: WEBINAR 17th FEBRUARY 2021

February 9, 2021 · by gexall · in Civil Procedure, Statements of Case, Webinar

I am giving a webinar on the 17th February 2021 on avoiding problems with Statements of Case. This is part series of webinars on the theme of “staying safe” in the running of personal injury cases. The webinars look at…

VULNERABLE WITNESSES IN CIVIL PROCEEDINGS: THE NEW RULES: WEBINAR 22nd MARCH 2021

February 4, 2021 · by gexall · in Civil evidence, Rule Changes, Webinar, Witness statements

I am presenting a webinar on the 22nd March 2021 dealing with the new rules relating to vulnerable witnesses in civil proceedings. The new rules are coming into force on the 6th April 2021.  These change the rules so that…

SERVICE OF THE CLAIM FORM AND THE PARTICULARS OF CLAIM: AVOIDING THE PITFALLS: WEBINAR 11th FEBRUARY 2021

SERVICE OF THE CLAIM FORM AND THE PARTICULARS OF CLAIM: AVOIDING THE PITFALLS: WEBINAR 11th FEBRUARY 2021

February 3, 2021 · by gexall · in Avoiding negligence claims, Civil Procedure, Service of the claim form, Serving documents, Webinar

The problems that claimants face when serving the claim form are well documented on this blog.  I am presenting a webinar on the 11th February 2021 on identifying and avoiding the (many) pitfalls of service of the claim form and…

WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021

WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021

January 29, 2021 · by gexall · in Avoiding negligence claims, Limitation, Webinar

On the 4th February I am giving a webinar “Limitation Avoiding Problems and Pitfalls”. THE WEBINAR This webinar looks at the major problem areas in limitation for personal injury litigants. It identifies, and helps litigators avoid, all those difficult areas…

WHY CAN’T YOU ASK LEADING QUESTIONS IN COURT (AND WHY SHOULDN’T YOU DO IT WHEN PREPARING A WITNESS STATEMENT)

January 26, 2021 · by gexall · in Civil evidence, Webinar, Witness statements

A search term that led to this blog today was “why can’t the case presenter or representative can ask his witness leading questions during evidence-in – chief?”  Examination in chief is rare in civil cases.   The dangers of asking leading…

THE MISUSE OF WITNESS STATEMENTS: 2021 SHOWS THAT THE TREND CONTINUES: THREE CASES THAT ARE PROBABLY THE TIP OF AN ICEBERG

THE MISUSE OF WITNESS STATEMENTS: 2021 SHOWS THAT THE TREND CONTINUES: THREE CASES THAT ARE PROBABLY THE TIP OF AN ICEBERG

January 24, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Webinar, Witness statements

A search term that led to this blog earlier this week  was “witness of fact giving expert evidence”.  This, and changes coming into force in the Business and Property Courts in March mean that this is a good time to…

“HIS WITNESS STATEMENT … CONTAINED A GREAT DEAL OF ANALYSIS, SUBMISSION AND COMMENTARY ON DOCUMENTS”

January 13, 2021 · by gexall · in Civil evidence, Webinar, Witness statements

Because of the imminent changes in the rules in the Business and Property courts it is an opportune time to see how often the basic principles of witness evidence are not being observed. We see this in the judgment in YJB…

A WITNESS STATEMENT SHOULD NOT ATTEMPT TO ARGUE THE CASE: YET ANOTHER JUDICIAL REMINDER

January 8, 2021 · by gexall · in Case Management, Civil evidence, Webinar, Witness statements

In  Ceviz v Frawley & Anor [2021] EWHC 8 (Ch)  HHJ Keyser QC made observations about a witness statement.  This case highlights the need for practitioners to be aware of the limitations of witness statement.   If this kind of statement…

NEW RULES ON WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS FROM APRIL 2021: IN-HOUSE WEBINAR AVAILABLE

NEW RULES ON WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS FROM APRIL 2021: IN-HOUSE WEBINAR AVAILABLE

January 5, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Webinar, Witness statements

In April this year those practising in the Business and Property Courts will be subject to much more stringent requirements in relation to the preparation of witness statements relating to trial.  The lawyer conducting the case will have to sign…

INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29th JANUARY 2021

INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29th JANUARY 2021

December 3, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Insolvency, Webinar

There have been several features on this blog about the problems that insolvency causes to personal injury litigants. Both in terms of the claimant being bankrupt and also the difficulties in pursuing insolvent defendants.  These issues are looked at in…

LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES: (ALSO A WEBINAR...)

LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES: (ALSO A WEBINAR…)

November 9, 2020 · by gexall · in Damages, Personal Injury, Webinar

There are now a record number of self-employed people working in the UK and the numbers are increasing.  The self-employed amount to 5 million, that is 15.3% of the workforce, (up from 12% in 2000).  Here I want to look…

THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 8th DECEMBER 2020

THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 8th DECEMBER 2020

October 5, 2020 · by gexall · in Civil Procedure, Fatal Accidents, Webinar

I am giving a webinar on the 8th December 2020.  I wanted to look at the particular issues facing a child claimant in a fatal accident case.   There are quite complex principles governing the losses involved.  Booking details are available…

BROKEN PROMISES: PROPRIETARY ESTOPPEL IN THE MODERN WORLD: ONLINE EVENT 15th OCTOBER 2020

BROKEN PROMISES: PROPRIETARY ESTOPPEL IN THE MODERN WORLD: ONLINE EVENT 15th OCTOBER 2020

October 4, 2020 · by gexall · in Civil evidence, Webinar

Several of my colleagues are taking place in this online event.  Proprietary estoppel has become important in recent years in relation the ownership and transfer of property. There are many recent cases relating to farming families in particular, they give…

THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES

THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES

September 18, 2020 · by gexall · in Damages, Fatal Accidents, Webinar

There is another amendment made to the Fatal Accidents  Act 1976 in relation to the people entitled to receive a bereavement award. This is quite technical, but could be important in a very limited class of cases. The amendment is…

CHANGES IN FATAL ACCIDENT ACT:  STATUTORY BEREAVEMENT AWARD EXTENDED TO  COHABITEES

CHANGES IN FATAL ACCIDENT ACT: STATUTORY BEREAVEMENT AWARD EXTENDED TO COHABITEES

September 17, 2020 · by gexall · in Damages, Fatal Accidents, Webinar

The Fatal Accidents Act 1976 (Remedial) Order 2020 comes into force on the 6th October 2020. It extends the scope of people entitled to the statutory bereavement award, extending it to cohabitees.   THE ORDER The Order inserts the term…

CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020

CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020

September 11, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

This webinar looks at practical issues relating to children and personal injury litigation, including liability, damages and procedure. Details of how to book are available here.    This webinar looks at the practical implications of acting for children injured in…

FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION

September 3, 2020 · by gexall · in Fatal Accidents, Webinar

Normally at this time of year I get together with Hilary Wetherell to present a one day course on fatal accidents.  There are obvious difficulties with giving  lectures this year. We are instead  series of webinars on the key issues…

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