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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AN EXPERT WHO TENDED TOWARDS BEING AN ADVOCATE: YOU SAID SOMETHING DIFFERENT IN ANOTHER CASE: THE NEED FOR A MEASURED RESPONSE

AN EXPERT WHO TENDED TOWARDS BEING AN ADVOCATE: YOU SAID SOMETHING DIFFERENT IN ANOTHER CASE: THE NEED FOR A MEASURED RESPONSE

August 17, 2022 · by gexall · in Civil evidence, Conduct, Expert evidence, Experts, Members Content

It may be indicative that there are such a large number of cases where judges have criticised experts for veering towards advocacy that I sometimes hesitate as to whether they merit writing about. However such a tendency was noted by…

NINE YEARS ON IX: 2022: EXPERTS, STRIDENT LANGUAGE AND THE DUTY OWED TO THE COURT

NINE YEARS ON IX: 2022: EXPERTS, STRIDENT LANGUAGE AND THE DUTY OWED TO THE COURT

July 12, 2022 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

In the final post of this series I have chosen a post from January 2022.  There are many common themes on this blog: relief from sanctions; service of the claim form; Part 36; witness statements, among them. However it is…

DEFENDANT'S EXPERTS, STRIDENT LANGUAGE AND THE PART 35 DUTY OWED TO THE COURT: JUDGE ISSUES REMINDER

DEFENDANT’S EXPERTS, STRIDENT LANGUAGE AND THE PART 35 DUTY OWED TO THE COURT: JUDGE ISSUES REMINDER

January 20, 2022 · by gexall · in Civil evidence, Credibility of experts, Experts, Members Content

The previous post looked at the rejection of allegations of fundamental dishonesty in  Palmer v Mantas & Anor [2022] EWHC 90 (QB). That judgment also contains some observations in relation to several of the medical experts called on behalf of the…

EXPERT HAD A "FLAGRANT DISREGARD FOR HIS DUTY TO THE COURT": ORDERED TO PAY £50,500 WASTED COSTS

EXPERT HAD A “FLAGRANT DISREGARD FOR HIS DUTY TO THE COURT”: ORDERED TO PAY £50,500 WASTED COSTS

November 2, 2021 · by gexall · in Credibility of experts, Expert evidence, Experts, Members Content, Wasted Costs

NB – THE COSTS ORDER AGAINST THE EXPERT IN THIS CASE WAS OVERTURNED ON APPEAL.  THE JUDGMENT ON APPEAL CAN BE FOUND HERE. The judgment of Recorder Hudson in Robinson -v- Liverpool University Hospital NHS Foundation Trust & Dr Chris…

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THE IMPORTANT DISTINCTION BETWEEN AN APPLICATION TO STRIKE OUT AND ONE FOR SUMMARY JUDGMENT: DECISION TO STRIKE OUT ALLOWED ON APPEAL BECAUSE THE JUDGE HAD WRONGLY CONSIDERED THE MERITS
COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"
THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULTS AND THESE WOULD HAVE BEEN FORGIVEN...

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