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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF

COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF

May 27, 2020 · by gexall · in Credibility of experts, Expert evidence, Experts, Members Content

Today we are looking back at the case of Hirtenstein -v- Hill Dickinson LLP [2014]  EWHC 2711 (Comm)  contains many interesting lessons for those involved in professional negligence litigation in particular.   Here I just want to concentrate upon two:…

CIVIL LITIGATION CASE OF THE YEAR: BATES -v- THE POST OFFICE: LITIGATING IN THE FACE OF "INSTITUTIONAL PARANOIA"

CIVIL LITIGATION CASE OF THE YEAR: BATES -v- THE POST OFFICE: LITIGATING IN THE FACE OF “INSTITUTIONAL PARANOIA”

December 27, 2019 · by gexall · in Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Witness statements

There was never any doubt in my mind as to the civil litigation case of the year –  Bates -v- The Post Office.   All civil litigation  is here, witness and expert evidence, allegations of bias, disclosure and much more.  One…

THE WITNESS WHOSE STATEMENT WAS "SOMEWHAT FICTIONAL": EXCELLENT EXPERTS WHO ROSE ABOVE THE FRAY

THE WITNESS WHOSE STATEMENT WAS “SOMEWHAT FICTIONAL”: EXCELLENT EXPERTS WHO ROSE ABOVE THE FRAY

December 19, 2018 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Witness statements

There are several aspects of the judgment in JAH v Burne & Ors [2018] EWHC 3461 (QB) that are of interest to civil litigators.  Firstly it is another example of a case where the claimant’s witness statement was not accepted (at…

EXPERT WATCH: AN EXPERT WHO "SIGNALLY FAILED TO COMPLY WITH HIS BASIC DUTIES AS AN EXPERT"

EXPERT WATCH: AN EXPERT WHO “SIGNALLY FAILED TO COMPLY WITH HIS BASIC DUTIES AS AN EXPERT”

March 25, 2018 · by gexall · in Expert evidence, Experts, Members Content

Brilliant though it is the Secret Barrister’s book has not tempted me to write about criminal law. However it is always worthwhile keeping a weather eye on the behaviour and conduct of experts.   Problems with experts are very similar across…

AN EXPERT REPORT THAT WAS "EXTRAORDINARY IN ITS PRESENTATION AND SHOT THROUGH WITH BREATH TAKING ARROGANCE": THIS DOESN'T END WELL

AN EXPERT REPORT THAT WAS “EXTRAORDINARY IN ITS PRESENTATION AND SHOT THROUGH WITH BREATH TAKING ARROGANCE”: THIS DOESN’T END WELL

September 15, 2017 · by gexall · in Civil evidence, Conduct, Expert evidence, Experts, Members Content

Problems caused by expert witnesses feature heavily on this blog. I am grateful to barrister Brian McCluggage for sending me a copy of the decision of Her Honour Judge Belcher in Hatfield -v- Drax Power Ltd (18/08/2017) which contains robust…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
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  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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