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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (7): WITHDRAWING FROM ADMISSIONS (AND ANOTHER CHANCE TO PAY HOMAGE TO GUIDE DOG RALPH)

2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (7): WITHDRAWING FROM ADMISSIONS (AND ANOTHER CHANCE TO PAY HOMAGE TO GUIDE DOG RALPH)

December 15, 2019 · by gexall · in Admissions, Applications, Civil Procedure, Members Content

There have been relatively few cases about applications to withdraw from admissions this year. Interestingly most of them have been refusing applications to withdraw.  However the main point of this post is to pay homage to Guide Dog Ralph, who…

CIVIL LITIGATION REVIEW OF 2018 3: THE OPENING LINES OF JUDGMENTS:  THE CACTI WINS IT...

CIVIL LITIGATION REVIEW OF 2018 3: THE OPENING LINES OF JUDGMENTS: THE CACTI WINS IT…

December 31, 2018 · by gexall · in Civil evidence, Civil Procedure, Members Content

Every year we look at the contenders for the best opening lines of a judgment. This year we have even looked abroad.  The winner comes, perhaps surprisingly, from the Intellectual Property and Enterprise Court.   THE TATOO ARTIST -v- THE…

CIVIL LITIGATION: REVIEW OF 2018 1: FACTS AND FIGURES: MOST READ POSTS & INTERESTING SEARCH TERMS

CIVIL LITIGATION: REVIEW OF 2018 1: FACTS AND FIGURES: MOST READ POSTS & INTERESTING SEARCH TERMS

December 30, 2018 · by gexall · in Applications, Civil Procedure, Members Content

Rather than try one all-encompassing review of the year this will be done in a series of posts. THE TOP TEN BLOG POSTS OF 2018 With over 1, 145,000  views the blog remains fairly popular. It is interesting to see…

CIVIL LITIGATION REVIEW OF 2017 (IV): COSTS, BUDGETS, PROCEDURAL GAMES AND MISCONDUCT ON ASSESSMENT

CIVIL LITIGATION REVIEW OF 2017 (IV): COSTS, BUDGETS, PROCEDURAL GAMES AND MISCONDUCT ON ASSESSMENT

December 30, 2017 · by gexall · in Abuse of Process, Appeals, Case Management, Conduct, Costs, Costs budgeting, Members Content, Review

This year has been a surprisingly muted year for costs cases, particularly in the higher courts.  Several judgments were expected, however they rarely proved to be definitive or wide ranging. 2018 may be the year that some issues are resolved….

CIVIL PROCEDURE REVIEW OF 2017 (III): EXPERTS: SNEAKINESS, DISCLOSURE OF CONFLICTS, ARROGANCE AND NO CONCEPT OF THE DUTY OWED TO THE COURT

CIVIL PROCEDURE REVIEW OF 2017 (III): EXPERTS: SNEAKINESS, DISCLOSURE OF CONFLICTS, ARROGANCE AND NO CONCEPT OF THE DUTY OWED TO THE COURT

December 29, 2017 · by gexall · in Conduct, Credibility of experts, Expert evidence, Experts, Members Content, Review

There have been plenty of interesting cases on experts this year. Here are a few select cases. ATTEMPTS TO SNEAK EXPERT EVIDENCE IN There have been a number of cases where parties have attempted to “disguise” expert evidence. Teva UK…

CIVIL LITIGATION REVIEW OF 2017 (II): OPENING LINES OF JUDGMENTS

CIVIL LITIGATION REVIEW OF 2017 (II): OPENING LINES OF JUDGMENTS

December 28, 2017 · by gexall · in Case Management, Civil evidence, Members Content, Review

The opening lines of judgments has been a much-discussed issue this year.  A brief discussion on Twitter led firstly to the ICLR posting a detailed review Battle of the BAILLI – the best opening lines of a judgment.  This is…

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

December 28, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Credibility of experts, Experts, Fundamental Dishonesty, Injunctions, Members Content, Uncategorized, Witness statements

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS…

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