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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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THE JUSTICE PAPERS FOR JUSTICE WEEK:  ESSENTIAL READING: VIEWS FROM THE SHARP END

THE JUSTICE PAPERS FOR JUSTICE WEEK: ESSENTIAL READING: VIEWS FROM THE SHARP END

November 5, 2018 · by gexall · in Access to justice, Useful links

The Bar Council has circulated  links to a number of papers written in support of Justice Week : “a series of personal accounts giving first-hand insight into the crises occurring across the system.”  Every one of these deserves the widest publicity…

"EFFICIENCY" AND THE COURT SYSTEM 3: WANT TO BE A LAWYER? BUY YOURSELF A SELFIE STICK

“EFFICIENCY” AND THE COURT SYSTEM 3: WANT TO BE A LAWYER? BUY YOURSELF A SELFIE STICK

September 18, 2018 · by gexall · in Access to justice, Bundles, Civil evidence

In the third (and I suspect not the last) I want to set out a series of tweets which arose from the earlier posts on this topic. There were a series of tweets about the problems caused by courts losing…

"EFFICIENCY" AND THE COURT SYSTEM 2: A COMEDY OF ERRORS - YOU BE THE JUDGE

“EFFICIENCY” AND THE COURT SYSTEM 2: A COMEDY OF ERRORS – YOU BE THE JUDGE

September 17, 2018 · by gexall · in Access to justice, Bundles, Case Management

Yesterday I did a short post on court errors. I have been given permission to post another one. Again I will let the facts speak for themselves.  A series of tweets from Mairead‏ @m417ead 10 repeated with their permission.  A SAD SAGA Trial 1…

PROVING THINGS 118: IT SEEMS THAT EVEN THE LORD CHANCELLOR DOESN'T KNOW HOW TO PROVE THINGS: "THAT FINAL SENTENCE WAS BOTH INACCURATE AND MISLEADING"

PROVING THINGS 118: IT SEEMS THAT EVEN THE LORD CHANCELLOR DOESN’T KNOW HOW TO PROVE THINGS: “THAT FINAL SENTENCE WAS BOTH INACCURATE AND MISLEADING”

July 9, 2018 · by gexall · in Access to justice, Applications, Civil evidence

A body charged with the delivery of legal services to some of the most vulnerable people in our society (and which, incidentally, is in charge of the justice system) should  be making decisions that are logical and justifiable – you…

LITIGANTS IN PERSON & FREEDOM OF INFORMATION: MINISTRY OF JUSTICE COULD BE ON THE NAUGHTY STEP

LITIGANTS IN PERSON & FREEDOM OF INFORMATION: MINISTRY OF JUSTICE COULD BE ON THE NAUGHTY STEP

May 10, 2018 · by gexall · in Access to justice, Conduct

Just to keep people up to date with the recent posts about the Ministry of Justice and the disclosure of the research in relation to litigants in person. The MOJ has now been reported to the Information Commissioner. A RECAP…

LITIGANTS IN PERSON: THE FULL STORY EMERGES: LITIGANTS IN PERSON COST THE JUSTICE SYSTEM MORE

May 8, 2018 · by gexall · in Access to justice, Conduct

Last week I commented on Buzzfeed’s piece on research that the MOJ carried out on litigants in person.  After a freedom of information request the MOJ, reluctantly, handed over a six page summary of research it carried out on litigants…

HATS OFF TO BUZZFEED: GOVERNMENT RESEARCH ON LITIGANTS IN PERSON FINALLY "DISCLOSED" (IN A MANNER)

HATS OFF TO BUZZFEED: GOVERNMENT RESEARCH ON LITIGANTS IN PERSON FINALLY “DISCLOSED” (IN A MANNER)

April 30, 2018 · by gexall · in Access to justice

This weekend I reported on the decision of District Judge Read that expressed profound concern about the fate of litigants of person in a family law case.  Hats off to BuzzFeed which, after a tussle and an appeal to the…

"UNSATISFACTORY IN TERMS OF PROCEDURAL HISTORY, PREPARATION, PROCESS AND OUTCOME": WHAT HAPPENS WHEN YOU TAKE LEGAL REPRESENTATION AWAY

“UNSATISFACTORY IN TERMS OF PROCEDURAL HISTORY, PREPARATION, PROCESS AND OUTCOME”: WHAT HAPPENS WHEN YOU TAKE LEGAL REPRESENTATION AWAY

April 28, 2018 · by gexall · in Access to justice, Advocacy

John Vater QC, writing on Twitter, has – rightly- categorised the District Judge Read as a “hero”.  When giving judgment in JY v RY [2018] EWFC B16 the judge made a number of telling observations about the profound implications of lack…

THE GAVEL, THE WIG AND THE MINISTRY OF JUSTICE:  PERPETUATING INACCURACY IS NOT ITS ROLE

THE GAVEL, THE WIG AND THE MINISTRY OF JUSTICE: PERPETUATING INACCURACY IS NOT ITS ROLE

April 8, 2018 · by gexall · in Access to justice

It comes as a surprise to many that judges in England and Wales do not use gavels.  It is a widespread myth. Many images of judges in the media have a judge with gavel in hand. There is a Twitter…

THE SECRET BARRISTER - WHERE DO I START? (1) LETS TRY LISTING

THE SECRET BARRISTER – WHERE DO I START? (1) LETS TRY LISTING

March 25, 2018 · by gexall · in Access to justice, Book Review, Listing

Like many of the legal fraternity I have spent this weekend reading the Secret Barrister’s “Stories of the Law and how its Broken”.   The book is about criminal law and criminal procedure, however there is much for civil litigators to…

COURT WATCH: DON'T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE

COURT WATCH: DON’T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE

March 20, 2018 · by gexall · in Access to justice, Adjournments, Case Management, Civil Procedure

There have been constant, and consistent, grumblings on social media about problems with court listing. Cases are cancelled at the last moment. Courts are overbooked. There appears to be no, or very little, thought given to the expense involved and…

MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT'S HOME: PROCEDURAL UNFAIRNESS

MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT’S HOME: PROCEDURAL UNFAIRNESS

February 7, 2018 · by gexall · in Access to justice, Adjournments, Appeals

Earlier this week I paid tribute to Sir Henry Brooke. This included his most recent work dealing with PIPs and ESAs.  He wrote in his blog: “Readers  of these blogs will know I have been telling stories of the injustices…

SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE

SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE

February 5, 2018 · by gexall · in Access to justice

There are many moving obituaries to Sir Henry Brooke, to his work as a lawyer, a judge and campaigner.  Here I want to pay tribute to his online work. It is significant that Sir Henry had  a very full and…

ARRANGEMENTS FOR VULNERABLE WITNESSES: HURDLES IN THE WAY OF SENSIBLE ARRANGEMENTS

ARRANGEMENTS FOR VULNERABLE WITNESSES: HURDLES IN THE WAY OF SENSIBLE ARRANGEMENTS

August 12, 2017 · by gexall · in Access to justice, Case Management

The very title of the case Ajayi v Abu & Anor (labour exploitation : human trafficking : modern slavery) [2017] EWHC 1946 (QB) gives a clue that this is going to be an important and difficult issue.  The judgment, however, highlights…

THE STRENGTH OF ENGLISH LAW: GUIDANCE WHICH NEEDS TO BE GIVEN AT HOME NOT JUST ABROAD

THE STRENGTH OF ENGLISH LAW: GUIDANCE WHICH NEEDS TO BE GIVEN AT HOME NOT JUST ABROAD

August 4, 2017 · by gexall · in Access to justice, Case Management, Civil evidence

The Courts and Tribunals service have today  produced a short guide – essentially selling the English courts* and the UK Jurisdiction. In essence it is a marketing booklet to persuade foreign litigants to use court in the UK and to…

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