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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION

PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION

July 3, 2023 · by gexall · in Civil evidence, Disclosure, Members Content

In Adams & Ors v FS Capital Ltd & Ors [2023] EWHC 1649 (Ch) Mr Justice Edwin Johnson commented on the difficulties caused by the defendants’ failure to establish why the metadata for documents was different to the dates shown…

PRESSING THE WRONG BUTTON: THE PERILS OF  EMAIL "REPLY ALL"  IN LITIGATION (OR ARBITRATION)

PRESSING THE WRONG BUTTON: THE PERILS OF EMAIL “REPLY ALL” IN LITIGATION (OR ARBITRATION)

April 25, 2017 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Disclosure, Members Content

Many, if not all, of us will have made some errors with emails on some occasion.  There is a danger, however, when this happens in litigation. This can be seen in the judgment of Mr Justice Popplewell  in T -v-…

TWITTER, LIBEL AND EVIDENCE: THE KATIE HOPKINS JUDGMENT

TWITTER, LIBEL AND EVIDENCE: THE KATIE HOPKINS JUDGMENT

March 10, 2017 · by gexall · in Civil evidence, Damages, Disclosure, Members Content

The judgment of Mr Justice Warby in Monroe -v- Hopkins [2017] EWHC 433 (QB)  has already attracted a lot of attention.   Here I want to look at the issues relating to the evidence.  The case is one of the…

BOOK REVIEW: THE ELECTRONIC EVIDENCE AND E-DISCLOSURE HANDBOOK: ESSENTIAL INFORMATION IN BYTE SIZED CHUNKS

BOOK REVIEW: THE ELECTRONIC EVIDENCE AND E-DISCLOSURE HANDBOOK: ESSENTIAL INFORMATION IN BYTE SIZED CHUNKS

March 28, 2016 · by gexall · in Book Review, Case Management, Civil evidence, Disclosure, Litigation Privilege,, Members Content, Uncategorized

Peter Hibbert has written an impressive work, The Electronic Evidence and E-Disclosure Handbook.    Does it deserve a place on your bookshelf?  I have a quick review and a longer review.  They both lead to the same conclusion.   THE SHORT…

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  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
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