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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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"WHAT'S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?" WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED

“WHAT’S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?” WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED

March 3, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Truth, Witness statements

The question “What’s the difference between knowledge and belief” was a search term that led to this blog yesterday.  I mentioned this on Twitter and it has led to some interesting responses, ranging from the philosophical to the whimsical. You…

A CAREFUL APPROACH IS NEEDED TO THE GATHERING OF EVIDENCE AND THE SIGNING OF WITNESS STATEMENTS: A LOCAL AUTHORITY FALLS WELL SHORT OF THE MARK

A CAREFUL APPROACH IS NEEDED TO THE GATHERING OF EVIDENCE AND THE SIGNING OF WITNESS STATEMENTS: A LOCAL AUTHORITY FALLS WELL SHORT OF THE MARK

October 9, 2020 · by gexall · in Statements of Truth, Witness statements

It is unusual for this blog to cover family cases, particularly decisions made some three years ago.  However the judgment of HHJ Corbett in E (A Child : Care proceedings : Costs) [2017] EWFC 118 has recently been published on…

THE PERILS OF THE LAWYER SIGNING THE STATEMENT OF TRUTH: A NECESSARY REPEAT

THE PERILS OF THE LAWYER SIGNING THE STATEMENT OF TRUTH: A NECESSARY REPEAT

October 4, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Committal proceedings

The previous post about the judgment in North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) gives me an opportunity to repeat earlier advice pm the blog in relation to the lawyer signing the statement of truth. In the…

"LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT": THE IMPORTANCE OF THE STATEMENT OF TRUTH

“LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT”: THE IMPORTANCE OF THE STATEMENT OF TRUTH

October 4, 2020 · by gexall · in Civil Procedure, Committal proceedings, Statements of Truth

There are many, many cases about committal proceedings in commercial cases.  Some judges have observed that they appear to be used tactically.   Most are confined to their own facts. However in North of England Coachworks Ltd v Khan [2020] EWHC…

GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY...

GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY…

April 6, 2020 · by gexall · in Civil Procedure, Rule Changes, Statements of Truth, Witness statements

To add to all the practical difficulties facing litigators the 113th update to Practice Direction Amendments comes into force today. Here are some of the key points. THE AMENDMENT TO THE STATEMENT OF TRUTH This the major change that will…

REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH

REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH

March 21, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Coronavirus, Statements of Truth

There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…

WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL

WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL

February 21, 2020 · by gexall · in Appeals, Civil evidence, Civil Procedure, Rule Changes, Statements of Case, Statements of Truth

The 113th update to Practice Direction Amendments  introduces important changes to to witness statements in foreign languages  (Coming into force from the 6th April 2020).   CHANGES TO PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH There are amendments and addition…

THE IMPORTANCE OF THE STATEMENT OF TRUTH (2): WHY LAWYERS SHOULD THINK (MORE THAN TWICE) BEFORE SIGNING IT

THE IMPORTANCE OF THE STATEMENT OF TRUTH (2): WHY LAWYERS SHOULD THINK (MORE THAN TWICE) BEFORE SIGNING IT

February 17, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Truth

Given the imminent changes to the statement of truth this is a good time to consider the problems that can occur when a lawyer signs a statement of truth on behalf of their client.  There are some cases that make…

A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : "NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE"

A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : “NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE”

June 6, 2019 · by gexall · in Avoiding negligence claims, Statements of Case, Statements of Truth, Witness statements

The previous post on this blog was about the importance of giving the source of information or belief and first hand witness evidence. However whenever a lawyer signs a document with a statement of truth they are taking their career…

SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER

SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER

May 21, 2019 · by gexall · in Applications, Statements of Case, Statements of Truth, Witness statements

One aspect of the decision in Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 that may be unique is the fact that the court will be considering the statement of truth certified by an electronic signature.  That case emphasises, if…

THE STATEMENT OF TRUTH AND WITNESSES WITH POOR ENGLISH: PRACTICE DIRECTION 22

THE STATEMENT OF TRUTH AND WITNESSES WITH POOR ENGLISH: PRACTICE DIRECTION 22

January 8, 2019 · by gexall · in Civil evidence, Civil Procedure, Statements of Case, Statements of Truth

The post earlier today about witness statements in a foreign language led (almost immediately) to a telephone enquiry as to what happens when a party cannot read or understand the statement of truth in a statement of case.  The answer…

THE STATEMENT OF TRUTH: WHY YOU AND YOUR CLIENTS NEED REGULAR REMINDERS OF THE RULES & CASES

THE STATEMENT OF TRUTH: WHY YOU AND YOUR CLIENTS NEED REGULAR REMINDERS OF THE RULES & CASES

November 2, 2018 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In Recovery Partners GP Ltd & Anor v Rukhadze & Ors [2018] EWHC 2918 (Comm) Mrs Justice Cockerill made some important observations that apply to every aspect of litigation.  We looked at the case yesterday: a stark reminder was provided of the dangers…

THE STATEMENT OF TRUTH: THE COURTS SAY IT AGAIN - NOT TO BE TAKEN LIGHTLY

THE STATEMENT OF TRUTH: THE COURTS SAY IT AGAIN – NOT TO BE TAKEN LIGHTLY

November 1, 2018 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In Recovery Partners GP Ltd & Anor v Rukhadze & Ors [2018] EWHC 2918 (Comm) Mrs Justice Cockerill provides a clear and stark reminder of the significance of the statement of truth and need for all relevant parties to sign it….

WHO SIGNED THE STATEMENT OF TRUTH? THIS COULD BE A VERY IMPORTANT QUESTION: TICKING A BOX IS NOT SUFFICIENT

WHO SIGNED THE STATEMENT OF TRUTH? THIS COULD BE A VERY IMPORTANT QUESTION: TICKING A BOX IS NOT SUFFICIENT

August 27, 2018 · by gexall · in Appeals, Civil evidence, Civil Procedure, Service of the claim form, Statements of Case, Statements of Truth

I am looking again at the judgment in  Kassam -v- Gill (13th August 2018, County Court at Birmingham available on Lawtel).  Here we look at the crucial question of who signed the statement of truth. A difficult concept when a claim form…

SOMETIMES YOU DON'T HAVE TO  SIGN STATEMENTS OF CASE WITH A STATEMENT OF TRUTH: HIGH COURT DECISION ON AMENDING PARTICULARS OF CLAIM

SOMETIMES YOU DON’T HAVE TO SIGN STATEMENTS OF CASE WITH A STATEMENT OF TRUTH: HIGH COURT DECISION ON AMENDING PARTICULARS OF CLAIM

August 23, 2017 · by gexall · in Applications, Civil evidence, Statements of Case, Statements of Truth

The case of Kimathi v Foreign and Commonwealth Office [2017] EWHC 2145 (QB) promises to be a legal epic. As I understand it the trial is not even half way through. It was opened in April 2017.  It is unlikely…

WITNESS STATEMENTS, STATEMENTS OF TRUTH AND CONTEMPT OF COURT

December 12, 2016 · by gexall · in Applications, Uncategorized, Witness statements

The judgment of Mrs Justice Slade in Aviva Insurance -v- Randive [2016] EWHC 3152 (QB) involves no findings of fact.  However it does demonstrate the dangers inherent in being involved in the drafting of witness statements and replies to Part…

THE PROFOUND LACK OF WISDOM IN SIGNING STATEMENTS OF TRUTH ON BEHALF OF YOUR CLIENT

THE PROFOUND LACK OF WISDOM IN SIGNING STATEMENTS OF TRUTH ON BEHALF OF YOUR CLIENT

July 1, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

The observations of the Administrative Court in MRH Solicitors -v- The County Court sitting at Manchester [2015] EWHC 1795 (Admin) were considered in an earlier post.  However there is one further aspect of the case that justifies examination. A CAVEAT…

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  • "WHAT'S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?" WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED
  • “DENTON PROOFING” YOUR PERSONAL INJURY PRACTICE - KNOWING WHERE THINGS GO WRONG AND PUTTING THEM RIGHT: WEBINAR 11th MARCH 2021
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