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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SOCIAL MEDIA AND LITIGATION: THE  RETIRED JUDGE'S VIEW: "THE WORLD'S PRIVATE INVESTIGATOR - ON RETAINER FOR EVERYONE"

SOCIAL MEDIA AND LITIGATION: THE RETIRED JUDGE’S VIEW: “THE WORLD’S PRIVATE INVESTIGATOR – ON RETAINER FOR EVERYONE”

August 21, 2023 · by gexall · in Civil evidence, Members Content

Over many years this blog has looked at several  judgments and articles, by  the Canadian judge, The Honourable Joseph Quinn.  I refer people often to Things Lawyers do to Annoy Judges, and the judgment in  Hearing Clinic (Niagara Falls) Inc…

CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA

CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA

March 22, 2023 · by gexall · in Civil evidence, Members Content

We are looking again at the judgment  of Lord Justice Underhill in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262.   There is a very brief passage which serves as a reminder that clients can expect…

WHEN ONLINE DISCUSSIONS THAT YOU NEVER THOUGHT WOULD BE MADE PUBLIC - GET SEEN: LAWYER'S TALES: "CHURN THAT BILL BABY"

WHEN ONLINE DISCUSSIONS THAT YOU NEVER THOUGHT WOULD BE MADE PUBLIC – GET SEEN: LAWYER’S TALES: “CHURN THAT BILL BABY”

March 5, 2023 · by gexall · in Civil evidence, Conduct, Members Content

Recent events have shown that even the most prominent people in public office can put material on social media sites that they assume will never be seen, and come to regret it.  However politicians are not the only ones.  This…

SOCIAL MEDIA AND DISCLOSURE:  A REMINDER OF THE SOLICITOR'S DUTIES

SOCIAL MEDIA AND DISCLOSURE: A REMINDER OF THE SOLICITOR’S DUTIES

December 3, 2021 · by gexall · in Applications, Clinical Negligence, Disclosure, Members Content

The short judgment of Mr Justice Martin Spencer in Lock v Ravi-Shankar [2021] EWHC 3247 (QB) highlights a number of important issues in relation to the solicitor’s duty, disclosure and social media in particular. “It is necessary for solicitors to…

SERIES OF WEBINARS ON CIVIL EVIDENCE: COMING TO YOUR SCREENS SOON

SERIES OF WEBINARS ON CIVIL EVIDENCE: COMING TO YOUR SCREENS SOON

September 15, 2021 · by gexall · in Civil evidence, Disclosure, Expert evidence, Members Content, Webinar

Now that the nights are drawing in people’s thoughts will, almost invariably, be drawn towards matters of civil evidence and the need to prove things. To cater for this I am presenting six webinars , covering key aspects of civil…

WHEN YOUR SOCIAL MEDIA POSTS UNDERMINE YOUR OWN CASE (AND IT HAPPENED TO SOLICITORS…)

April 27, 2021 · by gexall · in Civil evidence, Civil Procedure, Members Content

Legal Futures yesterday carried a report of the case of Scott -v- Fisher Jones Greenwood LLP. A case in which the respondent failed to file a response in time and an application for an extension of time was refused.  Here…

SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER: WEBINAR 31st MARCH 2020

SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER: WEBINAR 31st MARCH 2020

January 27, 2020 · by gexall · in Civil evidence, Courses, Members Content

On the 31st March I am giving a webinar on Social Media and the Personal Injury Lawyer.  This webinar looks at two things in detail (i) The ways in which PI lawyers can use social media as a resource to…

2O19 AND CIVIL PROCEDURE THE YEAR IN REVIEW (5): WITH A LITTLE HELP FROM MY FRIENDS - CONTRIBUTIONS FROM TWITTER

2O19 AND CIVIL PROCEDURE THE YEAR IN REVIEW (5): WITH A LITTLE HELP FROM MY FRIENDS – CONTRIBUTIONS FROM TWITTER

December 9, 2019 · by gexall · in Avoiding negligence claims, Members Content, Well being

This year has seen a number of posts where contributions have been drawn from Twitter threads, with people accepting invitations to write on particular points.  The advice is usually practical and sometimes profound.  This is an appropriate time to remind…

CIVIL PROCEDURE BACK TO BASICS 69 : SOCIAL MEDIA AND THE LITIGATOR: A RECAP

November 11, 2019 · by gexall · in Bundles, Civil evidence, Civil Procedure, Conduct, Fundamental Dishonesty, Members Content, Witness statements

The earlier post on the judgment last  Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 was another case in which social media played a part.  The defendant holiday company found social media entries which appeared inconsistent…

PROVING THINGS 61: MORE ON SOCIAL MEDIA:  FACEBOOK ENTRIES AND  WITNESS CREDIBILITY

PROVING THINGS 61: MORE ON SOCIAL MEDIA: FACEBOOK ENTRIES AND WITNESS CREDIBILITY

April 25, 2017 · by gexall · in Civil evidence, Members Content, Witness statements

Facebook and social media play an increasingly important part in litigation.  We have looked at several cases where social media has played a critical part in the assessment of witness credibility.  Facebook played a part of the judgment today  of…

SOCIAL MEDIA: THE BLACK COUNTRY AND CRUISING FOR A FALL: DEFENDANT FILM THYSELF

January 31, 2017 · by gexall · in Admissions, Civil evidence, Committal proceedings, Disclosure, Enforcement, Members Content

It is easy to cause problems on social media. It is particularly easy to cause problems for yourself. We have looked several times at the role of social media in the courts. Another example can be found in the judgment…

SOCIAL MEDIA AND CIVIL EVIDENCE: WHAT DID YOU SAY ON LINKEDIN?

May 26, 2016 · by gexall · in Civil evidence, Civil Procedure, Members Content

Social media played a part in the decision of Registrar Derrett in Green -v- Marston [2016] EWHC B11 (Ch). It illustrates the importance of social media across many fields of litigation. THE CASE The claimant was the liquidator of a…

ANOTHER CASE OF TWITTER PROVIDING EVIDENCE: CLAIMANT CAUGHT OFFSIDE

April 18, 2016 · by gexall · in Civil evidence, Civil Procedure, Members Content, Uncategorized, Witness statements

There is a report in the Solicitors Journal of a sentence passed today for contempt of court.  It is another example of the evidence coming from twitter and shows the growing importance of social media in many types of litigation….

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  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)
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