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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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Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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