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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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LAWYERS, MISTAKES AND EMAIL: PUSH THOSE BUTTONS AT YOUR OWN (AND SOMETIMES YOUR CLIENT'S) PERIL

LAWYERS, MISTAKES AND EMAIL: PUSH THOSE BUTTONS AT YOUR OWN (AND SOMETIMES YOUR CLIENT’S) PERIL

October 9, 2020 · by gexall · in Avoiding negligence claims, Conduct, Members Content

There are some issues in legal practice that reoccur with surprising frequency.  Yesterday a lawyer on Twitter recounted how that had accidentally been copied into an email chain that they were, most definitely, not meant to see.  It is a…

TYPE IN HASTE, REPENT AT LEISURE: SOME EXAMPLES FROM LITIGATION: "CHURN THAT BILL, BABY"

September 10, 2015 · by gexall · in Avoiding negligence claims, Members Content, Uncategorized

If you write something down, particularly on a computer, it has the potential to come back and bite you.  It can bite you even if you think the communication is privileged or between colleagues. There are several cases in which…

LETTERS OF EXPLANATION NOT GOOD ENOUGH: SOLICITOR SHOULD HAVE EXPLAINED MATTERS TO THE CLIENT: COURT OF APPEAL UPHOLD DECISION ON SOLICITOR'S NEGLIGENCE

April 28, 2015 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Members Content, Personal Injury

In Procter -v- Raleys Solicitors [2015] EWCA Civ 400 the Court of Appeal upheld a decision at first instance that a failure to give an oral explanation to a client was negligent.  The solicitors could not simply rely on standard…

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