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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Zenith Chambers, Leeds, & Hardwicke, London
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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

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

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

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, 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

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, 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

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

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

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

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

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

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

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, 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, 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, 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, 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, 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, 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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