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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Avoiding negligence
COST BITES 81: SOLICITOR WORKING UNDER A CFA HAS A DUTY TO KEEP CLIENT INFORMED OF THE "STAGGERINGLY HIGH LEVEL OF COSTS" IN THE ACTION, INCLUDING EXPERTS: HIGH COURT DECISION

COST BITES 81: SOLICITOR WORKING UNDER A CFA HAS A DUTY TO KEEP CLIENT INFORMED OF THE “STAGGERINGLY HIGH LEVEL OF COSTS” IN THE ACTION, INCLUDING EXPERTS: HIGH COURT DECISION

May 15, 2023 · by gexall · in Avoiding negligence claims, Costs, Members Content

There is much for litigators to learn from the judgment of Mr Justice Fancourt in Forster v Reynolds Porter Chamberlain LLP [2023] EWHC 1150 (Ch). Here I want to concentrate upon one element of the case – the need to…

WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER

WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER

July 19, 2022 · by gexall · in Avoiding negligence claims, Civil Procedure, Damages, Limitation, Members Content, Webinar

In September I am presenting a number of webinars with the theme of “avoiding problems”. These are avoiding undersettlement: avoiding procedural pitfalls and avoiding problems with limitation.   “AVOIDING UNDERSETTLEMENT:  A GUIDE FOR PERSONAL INJURY LAWYERS” 19th September 2022  …

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, Members Content, 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…

MAKING MISTAKES AS A YOUNG LAWYER (INDEED A LAWYER OF ANY AGE): LEARNING HOW TO CRASH LAND

MAKING MISTAKES AS A YOUNG LAWYER (INDEED A LAWYER OF ANY AGE): LEARNING HOW TO CRASH LAND

March 23, 2021 · by gexall · in Avoiding negligence claims, Members Content, Well being

There have been reports today of an overturning of an SRA decision, with remission back to the SDT, of a case of a young solicitor who made the mistake of leaving documents on a train.  The real issue came with…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 4: AVIATION, PLANES, AIRPORTS AND BALLOONS: VICIOUS RULES APPLY

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 4: AVIATION, PLANES, AIRPORTS AND BALLOONS: VICIOUS RULES APPLY

July 30, 2019 · by gexall · in Avoiding negligence claims, Limitation, Members Content, Personal Injury

This is the fourth in the series. The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation and personal injury, in any way shape or form. Including when…

MYTHS ABOUT PROCEDURE: THE DATE FOR SERVICE IS  NOT CALCULATED FROM THE DAY THE COURT RECEIVES THE CLAIM FORM: IT IS CALCULATED FROM THE DATE OF "ISSUE"

MYTHS ABOUT PROCEDURE: THE DATE FOR SERVICE IS NOT CALCULATED FROM THE DAY THE COURT RECEIVES THE CLAIM FORM: IT IS CALCULATED FROM THE DATE OF “ISSUE”

October 26, 2017 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

 In an earlier post on limitation myths I recounted how I often received phone calls from worried solicitors who feared they had missed a limitation period. The papers had been received by the court within the period, the date of…

LIMITATION MYTHS 9 (A): A BIT MORE ABOUT AVIATION, AIRPORTS AND HOT AIR BALLOONS: A POINT WORTH REPEATING

LIMITATION MYTHS 9 (A): A BIT MORE ABOUT AVIATION, AIRPORTS AND HOT AIR BALLOONS: A POINT WORTH REPEATING

October 20, 2017 · by gexall · in Avoiding negligence claims, Limitation, Members Content

What has been interesting in the series on Myths and Limitation has been the response, mainly on Twitter. “That happened to me”, or “I sued someone who missed that point”. This even found its way into the “Halloween for Litigators”…

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  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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