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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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BOOKS ABOUT ADVOCACY: MUNKMAN ON THE TECHNIQUE OF ADVOCACY (A REPEAT)

February 21, 2024 · by gexall · in Advocacy, Members Content, Witness statements, Written advocacy

Every litigator is an advocate, whether they know it or not.  Litigation is fundamentally about the art of persuasion.  This is a litigator’s daily task: in correspondence, on the phone, with the court.  This is best done by the careful…

BOOK REVIEW: CORONERS' INVESTIGATIONS AND INQUESTS:  SOMETHING WORTH BUYING

BOOK REVIEW: CORONERS’ INVESTIGATIONS AND INQUESTS: SOMETHING WORTH BUYING

April 21, 2021 · by gexall · in Book Review, Fatal Accidents, Members Content

Representing a party at an inquest is always a difficult and sensitive task.  In addition to dealing with the grief, and sometimes remorse, involved there are myriad of legal and technical rules to be navigated.  That is why this new…

HOUSING POSSESSION DUTY DESK: SIMON MULLINGS AND SUE JAMES:  "SO MUCH MORE THAN" A PRACTICAL GUIDE

HOUSING POSSESSION DUTY DESK: SIMON MULLINGS AND SUE JAMES: “SO MUCH MORE THAN” A PRACTICAL GUIDE

March 14, 2021 · by gexall · in Book Review, Civil Procedure, Members Content

If there is a “front line” of the legal world a large part of it has to be the housing possession duty desk.  A lawyer, with no previous knowledge of the case, is called upon to try to save the…

VICARIOUS TRAUMA IN THE LEGAL PROFESSION:  A REVIEW: A BOOK WELL WORTH BUYING

VICARIOUS TRAUMA IN THE LEGAL PROFESSION: A REVIEW: A BOOK WELL WORTH BUYING

February 15, 2021 · by gexall · in Book Review, Members Content, Well being

This is a book that is long overdue.  A careful and detailed consideration of issues relating to trauma and burnout in the legal profession. It is both topical (covering the impact of Covid) and also wider ranging than the short…

PARTICIPATION IN COURTS AND TRIBUNALS:  NEW BOOK

PARTICIPATION IN COURTS AND TRIBUNALS: NEW BOOK

September 30, 2020 · by gexall · in Book Review, Members Content

The issue of participation in court proceedings is a very real one at the moment.  Almost on cue yesterday the publication today of Participation in Courts and Tribunals: Concepts, Realities and Aspirations (editors: Jessica Jacobson and Penny Cooper). It is available as…

FAKE LAW AND "COMPENSATION CULTURE": A REVIEW: "SPEND HALF-AN-HOUR WITH A PERSONAL INJURY LAWYER (SHOULD THAT MISFORTUNE BEFALL YOU)"

FAKE LAW AND “COMPENSATION CULTURE”: A REVIEW: “SPEND HALF-AN-HOUR WITH A PERSONAL INJURY LAWYER (SHOULD THAT MISFORTUNE BEFALL YOU)”

September 16, 2020 · by gexall · in Book Review, Damages, Members Content, Personal Injury

The Secret Barrister has written their second book “Fake Law”, looking at many of the misconceptions that surround the legal system.   Here are selected extracts from the chapter on “Your Health”.   It takes a critical look at the way in…

A DIFFICULT HEAD OF DAMAGE THAT MAY MAKE THE JUDGE WANT TO RETIRE: BOOK REVIEW: PIBA GUIDE TO PENSION LOSS CALCULATION: JAMES ROWLEY Q.C. & MATTHEW WHITE

A DIFFICULT HEAD OF DAMAGE THAT MAY MAKE THE JUDGE WANT TO RETIRE: BOOK REVIEW: PIBA GUIDE TO PENSION LOSS CALCULATION: JAMES ROWLEY Q.C. & MATTHEW WHITE

August 30, 2020 · by gexall · in Book Review, Damages, Members Content, Personal Injury

The loss, or reduction, of income due to a personal injury is one of the primary concerns to most victims.   Loss of earnings is a matter that is often under-explored in many texts relating to damages.  This is even more…

SOME LAWYERS HAVE WRITTEN POEMS ABOUT COVID AND THE LAW, I'VE JUST READ IT TWICE  NOW AND I'M SIMPLY IN AWE

SOME LAWYERS HAVE WRITTEN POEMS ABOUT COVID AND THE LAW, I’VE JUST READ IT TWICE NOW AND I’M SIMPLY IN AWE

June 4, 2020 · by gexall · in Book Review, Coronavirus, Members Content

Quite a few decades  – possibly to the day – since I finished my A Level English Literature  exam I find myself reviewing a book of poetry. (Mrs Turner and Mr Payne were right, these skills would come in handy…

COVID REPEATS 14: REVIEW OF "MAY IT PLEASE YOU MADAM": "THE FIFTH DEFENDANT IS A CAT..."

COVID REPEATS 14: REVIEW OF “MAY IT PLEASE YOU MADAM”: “THE FIFTH DEFENDANT IS A CAT…”

May 7, 2020 · by gexall · in Advocacy, Coronavirus, Members Content

We are looking  again at “May it please you Madam” by retired District Judge Neil Hickman.  This is not designed as a guide for advocates, indeed the subtitle is “A little book of legal whimsy”.  This does do do the book…

The Virtual Workspace: 50 Tips for Effective Video Conferencing: BOOK REVIEW - "BUY" IT QUICKLY...

The Virtual Workspace: 50 Tips for Effective Video Conferencing: BOOK REVIEW – “BUY” IT QUICKLY…

April 27, 2020 · by gexall · in Charity, Civil Procedure, Coronavirus, Members Content, Remote hearings

Andrew King’s book is a testament to the speed at which it is possible for lawyers to act. Just over a fortnight ago Andrew wrote a thread on Twitter setting out his experience of being involved in a virtual trial,…

BOOK REVIEW:  GUIDE TO CATASTROPHIC INJURY CLAIMS

BOOK REVIEW: GUIDE TO CATASTROPHIC INJURY CLAIMS

February 12, 2020 · by gexall · in Book Review, Damages, Members Content, Personal Injury

I have been sent a copy of the 3rd edition of the Guide to Catastrophic Injury Claims by Stuart McKechnie QC and others. I can review it briefly. This is a book that needs to be on your shelf if…

CLAIMANT'S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER

CLAIMANT’S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER

October 29, 2019 · by gexall · in Civil Procedure, Costs, Members Content, Part 36, Personal Injury, Risks of litigation

 The judgment of Mrs Justice Lambert in Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB) emphasises the difficulties for a claimant who has accepted a Part 36 offer late.   The claimant had to bear the usual costs consequences and…

BOOK REVIEW: CLINICAL NEGLIGENCE MADE CLEAR: NIGEL POOLE QC

BOOK REVIEW: CLINICAL NEGLIGENCE MADE CLEAR: NIGEL POOLE QC

October 21, 2019 · by gexall · in Book Review, Case Management, Civil evidence, Clinical Negligence, Members Content

Nigel Poole QC has a book published this month “Clinical Negligence Made Clear A Guide for Patients and Professionals”.  I have had access to the printed and the digital copy, and I’ve had fun… “If you can’t explain it simply, you…

LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK - A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY

LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK – A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY

July 25, 2019 · by gexall · in Access to justice, Book Review, Members Content

This small, but important, book from the Justice Alliance is (I imagine) deliberately designed to resemble the campaigning pamphlets that used to be an essential part of public and political debate.  It was printed by the Legal Action Group and…

BOOK REVIEW: IN YOUR DEFENCE: A BARGAIN AT ANY PRICE

BOOK REVIEW: IN YOUR DEFENCE: A BARGAIN AT ANY PRICE

December 28, 2018 · by gexall · in Advocacy, Book Review, Members Content

I have said before that it is the criminal (and family) lawyers that have the best tales. However there are always things we can learn. If you have a Kindle (or access to the Kindle app) “In Your Defence”  by Sarah…

WHY DO CRIMINAL LAWYERS HAVE ALL THE BEST STORIES? A REVIEW OF "UNDER THE WIG"

WHY DO CRIMINAL LAWYERS HAVE ALL THE BEST STORIES? A REVIEW OF “UNDER THE WIG”

September 12, 2018 · by gexall · in Advocacy, Book Review, Members Content

The bookshops appear to be awash with books by lawyers, fiction and non-fiction. Virtually all of these are by criminal lawyers.  We civil lawyers clearly have far less interesting stories to tell. When I was sent “Under the Wig” by…

SOLICITOR AND CLIENT COSTS: A PRACTICAL GUIDE - BOOK REVIEW: BUY IT AND READ IT: £30 WORTH SPENDING

SOLICITOR AND CLIENT COSTS: A PRACTICAL GUIDE – BOOK REVIEW: BUY IT AND READ IT: £30 WORTH SPENDING

July 15, 2018 · by gexall · in Assessment of Costs, Avoiding negligence claims, Book Review, Civil Procedure, Costs, Costs budgeting, Members Content

Disputes  about costs between lawyers and their (former) clients can be “challenging”. Indeed they can be vitriolic and expensive.  The lawyer thinking “We’ve done the work” – the client thinking “how much” and “I got nothing out of it, why…

ADVOCACY: THE JUDGE'S VIEW SERIES 3 PART 6: MAY IT PLEASE YOU, MADAM: STORIES THAT EVERY LITIGATOR NEEDS TO KNOW...

ADVOCACY: THE JUDGE’S VIEW SERIES 3 PART 6: MAY IT PLEASE YOU, MADAM: STORIES THAT EVERY LITIGATOR NEEDS TO KNOW…

July 7, 2018 · by gexall · in Book Review, Bundles, Civil evidence, Members Content, Witness statements

In the sixth in this series we a looking at “May it please you Madam” by retired District Judge Neil Hickman.  This is not designed as a guide for advocates, indeed the subtitle is “A little book of legal whimsy”. …

CIVIL LITIGATORS AND THE SECRET BARRISTER 5: PUBLIC LEGAL EDUCATION: IT MAY NOT BE A BOON, HOWEVER IT IS PROBABLY A MUST

CIVIL LITIGATORS AND THE SECRET BARRISTER 5: PUBLIC LEGAL EDUCATION: IT MAY NOT BE A BOON, HOWEVER IT IS PROBABLY A MUST

April 4, 2018 · by gexall · in Book Review, Members Content

There is a mug, available online, which reads “Don’t you mistake your Google search for my law degree”.  I am sure that many lawyers have been tempted to purchase a set. The Google search may not be helpful, however a…

CIVIL LITIGATORS AND THE SECRET BARRISTER 4: WHY WE CAN'T TRUST THE GOVERNMENT (OR OURSELVES)

CIVIL LITIGATORS AND THE SECRET BARRISTER 4: WHY WE CAN’T TRUST THE GOVERNMENT (OR OURSELVES)

March 28, 2018 · by gexall · in Access to justice, Book Review, Civil evidence, Members Content, Witness statements

SB’s book sales plough on. It has reached the top 10 in the best seller list. The Criminal Bar Association have set up a fund to send a copy of the book to every MP. You can donate here.   …

THE SECRET BARRISTER AND CIVIL LITIGATORS 3:  "WHAT ABOUT OUR STATISTICS: "AN OUTRAGEOUS INTERFERENCE WITH THE RULE OF LAW

THE SECRET BARRISTER AND CIVIL LITIGATORS 3: “WHAT ABOUT OUR STATISTICS: “AN OUTRAGEOUS INTERFERENCE WITH THE RULE OF LAW

March 27, 2018 · by gexall · in Access to justice, Book Review, Civil Procedure, Members Content

Chris Dale has done a proper. full-blown, review of SB’s book.  I’m still looking at it piecemeal.  Here I want to look at “targets”, statistics and the dangers they pose to the administration of justice. SB ON STATISTICS SB gives…

THE SECRET BARRISTER  AND CIVIL LITIGATORS 2: THE ESSENTIAL ROLE OF THE LITIGATION SOLICITOR

THE SECRET BARRISTER AND CIVIL LITIGATORS 2: THE ESSENTIAL ROLE OF THE LITIGATION SOLICITOR

March 26, 2018 · by gexall · in Access to justice, Book Review, Case Management, Civil Procedure, Members Content

I am back to my review of the book that everyone is reading, the Secret Barrister’s “Stories of the Law and how its Broken”.  I’ve already have people ask me not to give too much away – “don’t spoil the plot”.  I…

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, Members Content

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…

A PRIVILEGE TO READ : THE LAW OF PRIVILEGE 3rd EDITION: COUPLED WITH SOME RECENT EXAMPLES - TO SHOW WHY YOU NEED IT

A PRIVILEGE TO READ : THE LAW OF PRIVILEGE 3rd EDITION: COUPLED WITH SOME RECENT EXAMPLES – TO SHOW WHY YOU NEED IT

March 6, 2018 · by gexall · in Book Review, Civil evidence, Civil Procedure, Members Content

The Law of Privilege is now in its third edition.  I have been reading through it and planning a review for some time. I came across the decision, on BAILLI today in Fleming v East of England Ambulance Service NHS Trust…

SOLICITORS, SAVAGE POODLES: LAWYERS AND THEIR DOGS - 70 YEARS OF LEGAL PRACTICE

SOLICITORS, SAVAGE POODLES: LAWYERS AND THEIR DOGS – 70 YEARS OF LEGAL PRACTICE

February 2, 2018 · by gexall · in Book Review, Civil Procedure, Clinical Negligence, Conduct, Members Content

I bought a copy of  “The Savage Poodle: Tales from Legal Practice” from Wildys on Wednesday. I didn’t plan to review it, but then a plan hatched in my mind… THE BOOK The book consists of selected extracts from the…

SIXTY YEARS OF MUNKMAN ON DAMAGES: A PICTORIAL HISTORY

SIXTY YEARS OF MUNKMAN ON DAMAGES: A PICTORIAL HISTORY

November 22, 2017 · by gexall · in Damages, Fatal Accidents, Members Content

It is now sixty years since the first edition of Munkman on Damages was published, it is now in its 13th edition.  Looking at how it has changed over the years says a lot about how the law has developed…

WHY YOU SHOULD NEVER JUDGE A BOOK BY ITS COVER: THE UNDERWOOD TRILOGY

WHY YOU SHOULD NEVER JUDGE A BOOK BY ITS COVER: THE UNDERWOOD TRILOGY

June 6, 2017 · by gexall · in Assessment of Costs, Book Review, Case Management, Civil Procedure, Costs, Members Content

There are three volumes in Kerry Underwood’s guide to “Kerry on Personal Injury Small Claims Portals and Fixed costs”. Each has Kerry’s photo on the front. Should that put you off? As ever I have a “quick” review and a…

BOOK  REVIEW: AN INTRODUCTION TO PERSONAL INJURY LAW

BOOK REVIEW: AN INTRODUCTION TO PERSONAL INJURY LAW

May 25, 2017 · by gexall · in Book Review, Members Content, Personal Injury

I reviewed David Boyle’s book on expert evidence earlier in the year. He has presumably decided to forego all forms of social interaction and has now written a general introduction to Personal Injury.  The book places some emphasis on the…

THE MODERN JUDGE AND FACT FINDING: "TRUTH IS STRANGER THAN FICTION"

THE MODERN JUDGE AND FACT FINDING: “TRUTH IS STRANGER THAN FICTION”

February 12, 2017 · by gexall · in Book Review, Civil evidence, Members Content, Witness statements

There is a full review of Sir Mark Hedley’s book The Modern Judge on Pink Tape, where Lucy Reed explains how the book mysteriously appeared in her hotel room the morning after the Family Law Awards. (Lucy speculates that Sir…

BOOKS ABOUT ADVOCACY: MUNKMAN ON THE TECHNIQUE OF ADVOCACY

BOOKS ABOUT ADVOCACY: MUNKMAN ON THE TECHNIQUE OF ADVOCACY

February 2, 2017 · by gexall · in Book Review, Civil evidence, Members Content, Witness statements, Written advocacy

Every litigator is an advocate, whether they know it or not.  Litigation is fundamentally about the art of persuasion.  This is a litigator’s daily task: in correspondence, on the phone, with the court.  This is best done by the careful…

LAWYERS, LITIGATION & MEMORY: THE MEMORY ILLUSION

LAWYERS, LITIGATION & MEMORY: THE MEMORY ILLUSION

January 7, 2017 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

A single moment of logical thought will lead to the conclusion that it is strange that lawyers don’t learn about memory.  Much (indeed most) litigation relies on the memory of the parties.  Judges are, more often than not, called upon…

IF ONLY SOMEONE WOULD WRITE A BOOK ON EXPERTS...

IF ONLY SOMEONE WOULD WRITE A BOOK ON EXPERTS…

November 17, 2016 · by gexall · in Book Review, Expert evidence, Experts, Members Content, Uncategorized

There have been many occasions on this blog where I have commented on expert evidence. The links below show many cases where experts have caused major problems (usually for the party instructing them). There are numerous reports of cases where…

BOOK REVIEW: OCCUPIERS, HIGHWAYS AND DEFECTIVE PREMISES CLAIMS: WILL IT STOP YOUR CLAIMS SLIPPING UP?

BOOK REVIEW: OCCUPIERS, HIGHWAYS AND DEFECTIVE PREMISES CLAIMS: WILL IT STOP YOUR CLAIMS SLIPPING UP?

September 5, 2015 · by gexall · in Civil evidence, Civil Procedure, Members Content, Uncategorized

Law books nowadays are not reviewed enough. Particularly practitioner’s texts.  Given that there are precious few legal bookshops in which people can browse it is nice to see s a review now and again. I have been sent a copy…

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