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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Trial Bundle

THE FIRST BUNDLE CASE FOR 2017: A BUNDLE THAT WAS NEVER DISCLOSED AND HAS GONE MISSING

January 25, 2017 · by gexall · in Bundles, Case Management, Civil evidence, Members Content

At some time during the year there is bound to be a judgment about bundles. However the judgment of the Court of Appeal today in Iqbal -v-Iqbal [2017]  EWCA Civ 19 contains a great surprise. Amongst other problems with the…

STRIKING OUT AT TRIAL BECAUSE THE CASE WAS A MESS: A WARNING FOR THOSE WHO WANT LIFE WITHOUT LAWYERS

October 9, 2015 · by gexall · in Bundles, Civil Procedure, Members Content, Striking out, Uncategorized

On a day when the Lord Chief Justice has stated that the legal system must adapt to life without lawyers. It is interesting to read this report of the problems caused by litigants in person. It has kindly been provided…

MUDSLINGING IN WITNESS STATEMENTS CAN BACKFIRE: BUNDLES OF IRRELEVANT DOCUMENTS COUPLED WITH IRRELEVANT AND INADMISSIBLE WITNESS STATEMENTS: A FAMILIAR TALE?

October 2, 2015 · by gexall · in Bundles, Civil evidence, Members Content, Uncategorized, Witness statements

The case of Mohidin -v- The Commissioner of Police for the Metropolis [2015] EWHC 2740 (QB) will, no doubt, be looked at in detail for its implications for claims against the police.  The case also contains interesting observations about similar…

YET MORE ON BUNDLES : BREACH OF ORDER MADE ON "MITCHELL" GROUNDS UPHELD ON "DENTON" GROUNDS

May 1, 2015 · by gexall · in Appeals, Applications, Bundles, Civil evidence, Members Content, Relief from sanctions

The case of Patel -v- Mussa [2015] EWCA Civ 434 is, in essence, another sorry story about bundles.  It is also an example of the Court of Appeal upholding a case management decision made by a judge who applied “Mitchell”…

A 20 DAY TRIAL WHEN THE CASE WAS ALL ABOUT ONE WITNESS: WOULD THIS CASE BE ANY DIFFERENT TODAY?

August 14, 2014 · by gexall · in Civil Procedure, Costs, Costs budgeting, Expert evidence, Mediation & ADR, Members Content, Witness statements

Back in 2003 Chris Evans, the radio presenter, was involved in a lengthy contractual dispute with a number of defendants.  There were 9 parties to the action and the trial went on for twenty days. The judge’s observations at the…

TRIAL BUNDLES: TIMING, CONTENTS AND PRESENTATION : AND DO YOU KNOW SEDLEY’S LAWS?

December 16, 2013 · by gexall · in Civil evidence, Civil Procedure, Members Content, Useful links, Witness statements

Amidst the Mitchell Mayhem and the high glamour and glitz of Civil Litigation at the moment I am writing a post on the mundane subject of trial bundles.  Mundane but important. The significance of bundles was highlighted in the recent…

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Recent Posts

  • A FITTING END TO THE BAYEUX THEMED WEEK: SHOULD FRANCE HAVE JURISDICTION IN THIS CASE? MORE ABOUT LAWYERS USING WITNESS STATEMENTS TO PUT FORWARD LEGAL ARGUMENTS (DO IT IF YOU WILL – BUT IT NEVER HELPS…)
  • COST BITES 451 : INTEREST ON COSTS A RECENT JUDGMENT, A REVIEW OF POSTS AND A USEFUL CHECKLIST FOR THE RECEIVING PARTY
  • THE CURRENT IMPORTANCE OF PLEADINGS 92: THE NEED TO PROVIDE PARTICULARS OF SIGNIFICANT ALLEGATIONS: DEFENDANTS’ (LARGELY) SUCCESSFUL REQUEST FOR FURTHER INFORMATION NEEDED BEFORE THEY FILED A DEFENCE
  • THROWBACK FRIDAY: “OFFICE GOSSIP PROVES NOTHING”: THE IMPORTANCE OF THE SOURCE OF INFORMATION AND BELIEF” (SEPTEMBER 2016)
  • WHEN CHAT GPT DRAFTED A “SKELETON” ARGUMENT – 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES

Top Posts

WHEN CHAT GPT DRAFTED A "SKELETON" ARGUMENT - 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES
SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS "HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS": A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS
COURT REFUSES DEFENDANTS' APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT "WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH" IS NOT A GOOD STARTING PLACE

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