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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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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…

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…

CIVIL PROCEDURE BACK TO BASICS 90: APPEALS, RESPONDENT'S NOTICES AND DENTON

CIVIL PROCEDURE BACK TO BASICS 90: APPEALS, RESPONDENT’S NOTICES AND DENTON

February 23, 2021 · by gexall · in Appeals, Avoiding negligence claims, Civil Procedure

The Court of Appeal judgment in Unite the Union v Alec McfAdden [2021] EWCA Civ 199 highlights the needs for a party, responding to an appeal, to file a Respondent’s Notice if it wants to argue there are additional, or…

THE IMPORTANCE OF ACCURATE WITNESS STATEMENTS: TURN DOWN £60,000 AND PAY OUT £90,000 INSTEAD...

THE IMPORTANCE OF ACCURATE WITNESS STATEMENTS: TURN DOWN £60,000 AND PAY OUT £90,000 INSTEAD…

February 15, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Well being, Witness statements

One case that exemplifies the dangers of taking an “incomplete” witness statement is the decision of Judge Keyser Q.C. In Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd [2014] EWHC 2866(TCC.  This case  gives a working example of the…

INEFFECTIVE REDACTION IN DISCLOSED DOCUMENTS: A WARNING TO ALL LITIGATORS (AND LOCAL AUTHORITIES...)

INEFFECTIVE REDACTION IN DISCLOSED DOCUMENTS: A WARNING TO ALL LITIGATORS (AND LOCAL AUTHORITIES…)

February 5, 2021 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Disclosure

Sometimes documents can be redacted.  The judgment of Mr Justice Pepperall in London Borough of Lambeth v AM (Judgment No. 2) [2021] EWHC 186 (QB) shows that great care must be taken in “redacted” documents provided electronically. THE CASE The…

SOLICITOR DID NOT HAVE GOOD GROUNDS TO TERMINATE THE RETAINER UNDER A CFA: CLAIM FOR £16,200 IN COSTS FAILS

SOLICITOR DID NOT HAVE GOOD GROUNDS TO TERMINATE THE RETAINER UNDER A CFA: CLAIM FOR £16,200 IN COSTS FAILS

February 1, 2021 · by gexall · in Applications, Assessment of Costs, Conditional Fee Agreements, Conduct, Costs

I am returning to the judgment of Master Haworth in  Murray & Anor v Richard Slade and Company Ltd [2021] EWHC B3 (Costs). This time looking at the decision in relation to termination of a conditional fee agreement. The Master held…

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…

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…

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

December 23, 2020 · by gexall · in Applications, Civil Procedure, Default judgment,, Peremptory orders, Relief from sanctions, Sanctions, Setting aside judgment

The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: "AVOIDABLE DELAY" IS NOT LOOKED AT KINDLY

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY

December 17, 2020 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Extensions of time, Relief from sanctions

In  Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate.  This serves as a salutary warning of the importance of time limits.  Further the Master observed that if a…

MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION

MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION

December 16, 2020 · by gexall · in Appeals, Applications, Avoiding negligence claims, Extensions of time, Relief from sanctions

In IC v RC [2020] EWHC 2997 (Fam) Mrs Justice Knowles had to consider the Denton criteria and the slip rule.  It also serves as an important warning to anyone undertaking the task of drafting a court order.   “I…

SERVICE OF UNSEALED AMENDED CLAIM FORMS DID NOT CONSTITUTE GOOD SERVICE: ALL OF THE CLAIMANTS' ATTEMPT TO REMEDY THE SITUATION COME TO GRIEF: THE CLAIMANTS' CARDS WERE MARKED

SERVICE OF UNSEALED AMENDED CLAIM FORMS DID NOT CONSTITUTE GOOD SERVICE: ALL OF THE CLAIMANTS’ ATTEMPT TO REMEDY THE SITUATION COME TO GRIEF: THE CLAIMANTS’ CARDS WERE MARKED

December 11, 2020 · by gexall · in Applications, Avoiding negligence claims, Service of the claim form

In November I wrote that there had been a lull in reported cases relating to service of the claim form. As predicted that lull did not last long. In Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd &…

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…

SERVICE OF THE CLAIM FORM: WHERE, AND WHY DO THINGS GO WRONG?  THE LULL BEFORE THE STORM?

SERVICE OF THE CLAIM FORM: WHERE, AND WHY DO THINGS GO WRONG? THE LULL BEFORE THE STORM?

November 11, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Service of the claim form

It has been just over four weeks since the previous post on issues relating to service of the claim form.   I thought I would take advantage of this lull to remind people potential issues relating to service of the claim…

TOP 10 HALLOWEEN WORRIES FOR LAWYERS: TIME LIMITS, TRIAL BUNDLES AND WAKING UP IN THE MIDDLE OF THE NIGHT...

TOP 10 HALLOWEEN WORRIES FOR LAWYERS: TIME LIMITS, TRIAL BUNDLES AND WAKING UP IN THE MIDDLE OF THE NIGHT…

October 30, 2020 · by gexall · in Applications, Avoiding negligence claims, Useful links

Today is a special day and I thought I’d start by looking at what scares lawyers most?  This was discussed in 2017, there was another useful post on scary stuff in 2018.  I have made a selection from the 2017…

LIFE IN LAW ISN'T ALWAYS GLAMOROUS:  A CLIENT CAN BLAME THEIR LAWYER (OR FORMER LAWYER) FOR THEIR WITNESS STATEMENT

LIFE IN LAW ISN’T ALWAYS GLAMOROUS: A CLIENT CAN BLAME THEIR LAWYER (OR FORMER LAWYER) FOR THEIR WITNESS STATEMENT

October 19, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Fundamental Dishonesty, Witness statements

A classic example of a client seeking to blame their lawyer for the contents of a witness statement can be seen in the judgment in  Simpson v Payne, reported in the PI Brief Update Law Journal.   THE CASE The claimant…

10 TIPS ON WHAT TO DO WHEN THINGS GO WRONG: "FESS UP", "SEEK HELP", "THEY SKY WON'T FALL IN"

10 TIPS ON WHAT TO DO WHEN THINGS GO WRONG: “FESS UP”, “SEEK HELP”, “THEY SKY WON’T FALL IN”

October 16, 2020 · by gexall · in Avoiding negligence claims, Conduct

Here I have selected 10 pieces of advice from Twitter on what to do when things go wrong. These are not the “top 10” tips because, frankly, every one of the pieces of advice given in the original post are…

THE DANGERS OF LAWYERS WORKING WHILST TRAVELLING: TOP TEN TIPS  (& A  BONUS) TO KEEP YOU ON THE RAILS

THE DANGERS OF LAWYERS WORKING WHILST TRAVELLING: TOP TEN TIPS (& A BONUS) TO KEEP YOU ON THE RAILS

October 14, 2020 · by gexall · in Avoiding negligence claims, Bundles, Conduct

Todays top 10 tips follows on from yesterday.  In the previous post PJ Kirby recorded how he was able to draft a letter that included: “We acknowledge receipt of your letter which was expected as Mr X was discussing the…

THE PERILS OF THE LAWYER SIGNING THE STATEMENT OF TRUTH: A NECESSARY REPEAT

THE PERILS OF THE LAWYER SIGNING THE STATEMENT OF TRUTH: A NECESSARY REPEAT

October 4, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Committal proceedings

The previous post about the judgment in North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) gives me an opportunity to repeat earlier advice pm the blog in relation to the lawyer signing the statement of truth. In the…

CIVIL PROCEDURE BACK TO BASICS 84: HOW NOT TO MAKE A PART 36 OFFER THAT IS NOT VALID:

CIVIL PROCEDURE BACK TO BASICS 84: HOW NOT TO MAKE A PART 36 OFFER THAT IS NOT VALID:

September 17, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Part 36

You may not care to believe it but the title of this post is deliberate, there is a double negative and a lack of clarity.  This reflects  the ambiguities and uncertainties in many of the attempts at Part 36 offers…

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Recent Posts

  • 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
  • I WILL WALK 150 MILES: MARCHING AGAINST CANCER IN MARCH…
  • DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021
  • PROVING THINGS 204: WHY FIRST-HAND EVIDENCE IS IMPORTANT: “THE FIRST HAND EVIDENCE… IS TO BE PREFERRED OVER THOSE WHO GAVE EVIDENCE FOR THE BANK”
  • CIVIL PROCEDURE BACK TO BASICS 90: APPEALS, RESPONDENT’S NOTICES AND DENTON

Top Posts & Pages

  • 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
  • I WILL WALK 150 MILES: MARCHING AGAINST CANCER IN MARCH...
  • PROVING THINGS 204: WHY FIRST-HAND EVIDENCE IS IMPORTANT: "THE FIRST HAND EVIDENCE... IS TO BE PREFERRED OVER THOSE WHO GAVE EVIDENCE FOR THE BANK"
  • DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021
  • "Closing argument was in writing: an eye-glazing, bum-numbing, disc-herniating total of 662 pages (single-spaced, medium-sized font and heavily footnoted)": A good time to repeat one of our favourite cases...

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

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  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
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