Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Evidence
REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS

REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS

December 30, 2020 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Relief from sanctions, Witness statements

Needless to say this has been an unusual year for litigators.   It is always interesting to review what have been the most popular posts on this blog and look at some facts and figures.  Can we tell anything about the…

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

December 16, 2020 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts

Instructing experts in circumstances where they are not necessary, or their evidence is not admissible, is a common theme in litigation.  This issue was considered by Mr David Stone (sitting as a Deputy High Court Judge) in Rothy’s Inc v…

A SERIES OF WEBINARS ON "STAYING SAFE" IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

December 9, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Personal Injury, Relief from sanctions, Risks of litigation, Schedules, Well being, Witness statements

To help 2021 run smoothly  for  litigators I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice and…

PROVING THINGS 190: PROVING LOSS OF EARNINGS (1) : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK

PROVING THINGS 190: PROVING LOSS OF EARNINGS (1) : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK

December 9, 2020 · by gexall · in Civil Procedure, Damages, Personal Injury, Useful links, Witness statements

The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial, both in personal injury actions and other actions were loss of income…

JUDGE REFUSES TO RECONSIDER CRITICISMS OF EXPERT WITNESS IN A JUDGMENT: EXPERT DUTIES CANNOT BE DELEGATED

JUDGE REFUSES TO RECONSIDER CRITICISMS OF EXPERT WITNESS IN A JUDGMENT: EXPERT DUTIES CANNOT BE DELEGATED

December 7, 2020 · by gexall · in Civil evidence, Expert evidence, Experts

In Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t\a MYLAN) [2020] EWHC 3270 (Pat) Mr Justice Marcus Smith made some observations about the role of the expert witness and the importance of their evidence being criticised in…

WHY AN EXPERT WITNESS MUST EXAMINE THE OBJECTIVE EVIDENCE: WHY MEDICAL RECORDS ARE NORMALLY THE KEY

November 27, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Personal Injury

There  are several short passages in the judgment of HHJ Baucher in Ali v The Home Office [2020] EW Misc 27 (CC) which emphasises the need for expert witnesses to consider the objective evidence before reporting.   It also shows the…

THE APPROACH OF THE COURT AT TRIAL WHEN A PARTY HAS NOT GIVEN DISCLOSURE: THE BENEFIT OF DOUBT IS AGAINST THEM

THE APPROACH OF THE COURT AT TRIAL WHEN A PARTY HAS NOT GIVEN DISCLOSURE: THE BENEFIT OF DOUBT IS AGAINST THEM

November 6, 2020 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Sanctions

In Aegean Baltic Bank SA v Renzlor Shipping Ltd [2020] EWHC 2851 (Comm) Mr Adrian Beltrami QC (sitting as a Judge of the High Court) considered the appropriate approach at trial when a party has been debarred from calling evidence….

PROVING THINGS 184: PROVING YOU CAN'T A CLAIM WILL BE "STIFLED"  REQUIRES A DETAILED EXPLANATION

PROVING THINGS 184: PROVING YOU CAN’T A CLAIM WILL BE “STIFLED” REQUIRES A DETAILED EXPLANATION

October 26, 2020 · by gexall · in Civil evidence, Civil Procedure, Setting aside judgment

In National Tourism Council of Qatar v Mehdiyev [2020] EWHC 2638 (Ch) Deputy Master Hansen considered the defendant’s evidence as to means when deciding whether or not to impose terms when setting aside a judgment.  It is important to note…

PROVING THINGS 182: FAILING TO PROVE A CONTRACT WAS SIGNED AND GETTING DAMAGES OF £1: NOT A GREAT RESULT FOR A CLAIMANT

PROVING THINGS 182: FAILING TO PROVE A CONTRACT WAS SIGNED AND GETTING DAMAGES OF £1: NOT A GREAT RESULT FOR A CLAIMANT

September 4, 2020 · by gexall · in Civil evidence, Civil Procedure, Damages

The judgment of JJH Melissa Clarke, sitting as a High Court Judge, in DPA (London) Ltd v D’Aguanno & Ors [2020] EWHC 2374 (IPEC) is a classic example of failing to prove key matters in a claim. Firstly the claimant…

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP - JUNE 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – JUNE 2020

July 1, 2020 · by gexall · in Civil evidence, Civil Procedure, Useful links

A round up of posts and articles about costs, procedure and evidence from June 2020. (Matters relating to Coronavirus and civil procedure will be dealt with in a separate post). Costs Litigation Futures – QC’s £1.5m brief fee for nine months’…

WITNESS STATEMENTS "NOT IN MY STOCK IN TRADE": HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS

WITNESS STATEMENTS “NOT IN MY STOCK IN TRADE”: HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS

June 30, 2020 · by gexall · in Applications, Civil evidence, Summary judgment, Witness statements

Last week I wrote about the report on witness evidence working group of the business and property courts.   That report commented that drafting witness statements (more accurately evidence in chief) was no longer part of a lawyer’s “stock in trade”. …

WITNESS STATEMENTS:  EDITED HIGHLIGHTS OF THE REPORT OF THE WITNESS EVIDENCE WORKING GROUP: THE BUSINESS AND PROPERTY COURTS

WITNESS STATEMENTS: EDITED HIGHLIGHTS OF THE REPORT OF THE WITNESS EVIDENCE WORKING GROUP: THE BUSINESS AND PROPERTY COURTS

June 26, 2020 · by gexall · in Civil evidence, Witness statements

This report  of the Witness Evidence Working Group was produced at the end of last year.  It highlights some major issues in relation to the use of witness statements, and the role and experience of those preparing them. It has…

INACCURATE TRANSCRIPTS WERE NOT AUTHENTIC: HIGH COURT DECISION

INACCURATE TRANSCRIPTS WERE NOT AUTHENTIC: HIGH COURT DECISION

June 26, 2020 · by gexall · in Applications, Civil evidence

One reliable element in most litigation is a transcript of a judgment. In Ghassemian v de Beaumont & Anor [2020] EWHC 1642 (Ch) Mr Justice Birss had cause to question the accuracy of a transcript of his own judgment. “The…

COUNSEL’S ADVICE IS NOT EVIDENCE: REALLY, ITS NOT.

June 26, 2020 · by gexall · in Appeals, Civil evidence

There is an interesting consideration of the role of counsel’s advice in the judgment of HHJ Vincent in AZ v BZ (financial remedies appeal) [2020] EWFC 28. In a financial remedies hearing, a judge was wrong to firstly admit, and…

THE EXPERT THAT DOESN'T GIVE HIS SOURCES (EXCEPT WIKIPEDIA): A PRACTICE DEPRECATED BY THE COURT.

THE EXPERT THAT DOESN’T GIVE HIS SOURCES (EXCEPT WIKIPEDIA): A PRACTICE DEPRECATED BY THE COURT.

June 25, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts

In  Engie Fabricom (UK) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 1626 (TCC) Mrs Justice O’Farrell commented on the practice of one of the experts in the case. Failure to follow the basic guidance given in the…

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO "SHOOTS FROM THE HIP" (IT DOESN'T END WELL)

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO “SHOOTS FROM THE HIP” (IT DOESN’T END WELL)

June 22, 2020 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Expert evidence, Experts

I have written many times about issues arising from expert witnesses.  In clinical negligence cases the role of the expert witness is often paramount.  The claimant, in particular, is almost wholly reliant on expert evidence in relation to causation. It…

THE SEVEN YEAR ITCH: CIVIL LITIGATION BRIEFS' 7th (OR 29th?) BIRTHDAY: FACTS, FIGURES AND HOW IT ALL BEGAN

THE SEVEN YEAR ITCH: CIVIL LITIGATION BRIEFS’ 7th (OR 29th?) BIRTHDAY: FACTS, FIGURES AND HOW IT ALL BEGAN

June 21, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Costs, Witness statements

This week sees the seventh anniversary of Civil Litigation Brief as a blog.  That, it appears, is relatively young as a blog, the housing law blog Nearly Legal recently celebrated its 14th anniversary and is well into its truculent teenage…

SURVEILLANCE EVIDENCE, ALLEGATIONS OF MALINGERING AND INDEMNITY COSTS (AGAINST THE DEFENDANT)

SURVEILLANCE EVIDENCE, ALLEGATIONS OF MALINGERING AND INDEMNITY COSTS (AGAINST THE DEFENDANT)

June 16, 2020 · by gexall · in Civil evidence, Conduct, Costs

I had no sooner finished a webinar about surveillance evidence this afternoon when I received an email and a copy of a case from solicitor Steve Evans.* The judgment of  HHJ Yelton (sitting in the High Court) in Kilbey -v-…

COVID REPEATS 43: FAREPAK: "A DOCUMENT CREATED IN THE LANGUAGE OF LAWYERS BY THE LAWYERS"

COVID REPEATS 43: FAREPAK: “A DOCUMENT CREATED IN THE LANGUAGE OF LAWYERS BY THE LAWYERS”

June 5, 2020 · by gexall · in Civil evidence, Witness statements

Today we are revisiting the observations of Mr Justice Smith in the Farepak case farepak-judges-statement. It presents an object lesson in the need for careful preparation of witness evidence and identifying precisely what “evidence” a witness can give.   “The…

COVID REPEATS 41: OFFICE GOSSIP IS NOT EVIDENCE

COVID REPEATS 41: OFFICE GOSSIP IS NOT EVIDENCE

June 3, 2020 · by gexall · in Civil evidence, Witness statements

This week we continue with our look back at cases in relation to witness evidence.  This contains another reminder that there is a requirement, a mandatory requirement, that a witness making a witness statement gives the source of their information…

1 2 … 17 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 22,970 other subscribers

Recent Posts

  • “THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT”: INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
  • MEDIATION PRIVILEGE UPHELD: “PARTIES MUST BE FREE TO CANDIDLY DISCUSS ALL OPTIONS FOR SETTLEMENT”
  • “BUILD IT AND WHO CARES IF THEY COME”: THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF “SCHOOL-GRADE WEB SKILLS”
  • AN APPLICATION THAT WAS “OPPORTUNISTIC AND WITHOUT MERIT”: NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
  • THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND…

Top Posts & Pages

  • WITNESS STATEMENTS IN THE DOCK AGAIN: "DESPITE HAVING EXPRESSLY ADOPTED THE WITNESS STATEMENTS IN EVIDENCE IN CHIEF [HE] COULD NOT CONFIRM THAT IT REPRESENTED HIS EVIDENCE"
  • THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND...
  • AN APPLICATION THAT WAS "OPPORTUNISTIC AND WITHOUT MERIT": NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
  • "BUILD IT AND WHO CARES IF THEY COME": THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF "SCHOOL-GRADE WEB SKILLS"
  • MEDIATION PRIVILEGE UPHELD: "PARTIES MUST BE FREE TO CANDIDLY DISCUSS ALL OPTIONS FOR SETTLEMENT"

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin