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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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