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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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CIVIL LAWYERS: SPEND A BIT OF TIME THINKING ABOUT EMPLOYMENT LAWYERS: A USEFUL SERIES FROM KINGS CHAMBERS

April 5, 2020 · by gexall · in Coronavirus, Members Content, Useful links

The vast majority of working lawyers are finding things difficult at the moment.  Spare a thought, however, for employment lawyers. They are having to deal with legal concepts that simply didn’t exist a fortnight ago, a whole new set of…

KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (2): HOW DO YOU KEEP ON EMPLOYING PEOPLE?

KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (2): HOW DO YOU KEEP ON EMPLOYING PEOPLE?

April 5, 2020 · by gexall · in Coronavirus, Members Content, Useful links

In the second in this series we look at help and guidance available in relation to employing people throughout the difficult coronavirus period.   Firstly looking at general guidance and then at specific advice for law firms.   GENERAL GUIDANCE What…

ADMINISTRATIVE COURT OFFICE NOTICES AND CORONAVIRUS ARRANGEMENTS: USEFUL LINKS ON ILPA WEBSITE

ADMINISTRATIVE COURT OFFICE NOTICES AND CORONAVIRUS ARRANGEMENTS: USEFUL LINKS ON ILPA WEBSITE

March 30, 2020 · by gexall · in Civil Procedure, Coronavirus, Members Content, Useful links

The Administrative Court has issued a number of notices relating to their Covid-19 arrangements. THE NOTICES These are not yet on the court website.  However they are available from the ILPA website  – available here. … Enjoying this post? Become a…

MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS

MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS

March 28, 2020 · by gexall · in Applications, Bundles, Coronavirus, Members Content, Remote hearings, Useful links

Caselines has kindly sent me details of their very useful “COVID-19 Resource Hub”     TOPICS COVERED Pandemics, Privacy, and Confidential Data Security: Managing Information Risk is Critical Video: Introduction to a CaseLines Bundle Quick Reference Guide: From Invite to…

CIVIL LITIGATION AND COVID-19: GUIDANCE from 2TG

March 27, 2020 · by gexall · in Civil Procedure, Coronavirus, Members Content, Useful links

2TG have kindly sent me a link to their guidance “Civil Litigation in the time of Covid-19: Everything you need to know and consider”.  The link is available here.    (I have no difficulty in putting up guidance from any …

USEFUL LINKS: FINANCIAL HELP FOR INDIVIDUALS DURING THE CORONAVIRUS CRISIS

USEFUL LINKS: FINANCIAL HELP FOR INDIVIDUALS DURING THE CORONAVIRUS CRISIS

March 26, 2020 · by gexall · in Coronavirus, Members Content, Useful links

Here we look at useful links for financial advice for individuals. MoneySavingExpert has a guide to financial help and rights during the coronavirus outbreak. This is said to be constantly updated and if you have a question that is not covered,…

USEFUL LINKS: SUPPORT FOR  BUSINESSES DURING THE CORONAVIRUS CRISIS

USEFUL LINKS: SUPPORT FOR BUSINESSES DURING THE CORONAVIRUS CRISIS

March 26, 2020 · by gexall · in Coronavirus, Members Content, Useful links

Continuing with the series on useful links, her are links to useful links for businesses. The British Chambers of Commerce has a Coronavirus Hub. This provides information based on official guidance from the UK government and it is amended as and…

USEFUL GUIDANCE ON REMOTE HEARINGS: FROM START TO FINISH

USEFUL GUIDANCE ON REMOTE HEARINGS: FROM START TO FINISH

March 24, 2020 · by gexall · in Applications, Members Content, Remote hearings, Useful links

I am grateful to barristers  Rebecca Musgrove and   Iain Hutchinson who have sent me a copy (and permission to circulate) of their guide to remote hearings.  It provides step by step guidance (and photographs) to help those unfamilar with the…

LAW SOCIETY ADVICE ON CORONAVIRUS: WORKING FROM HOME POLICY: "YOU WILL BE AT RISK OF FACING A STRONG LEGAL CLAIM"

LAW SOCIETY ADVICE ON CORONAVIRUS: WORKING FROM HOME POLICY: “YOU WILL BE AT RISK OF FACING A STRONG LEGAL CLAIM”

March 24, 2020 · by gexall · in Avoiding negligence claims, Coronavirus, Members Content, Useful links

The Law Society has a specific advice page on Coronavirus available here.   There have been comments this morning about some firms insisting staff attend work. It is worthwhile reading the Law Society advice.   “If you refuse to allow…

CORONAVIRUS RESOURCE: A USEFUL SITE

CORONAVIRUS RESOURCE: A USEFUL SITE

March 22, 2020 · by gexall · in Coronavirus, Members Content, Useful links

I am always looking for useful links for lawyers and others during the Coronavirus crisis. Can I draw people’s attention to Coronavirus Resources This is aimed at giving help with technology. It includes sections on: Remote, flexible and online work….

CORONAVIRUS AND LAWYERS II: ADVICE FOR THE LEGAL COMMUNITY - FROM THE LEGAL COMMUNITY AND BEYOND

CORONAVIRUS AND LAWYERS II: ADVICE FOR THE LEGAL COMMUNITY – FROM THE LEGAL COMMUNITY AND BEYOND

March 13, 2020 · by gexall · in Members Content, Useful links

The post last month  I posted some useful links for lawyers in relation to coronavirus. This clearly needs updating.  Last time people were very kind in sending me other useful links which I added to the post.  If anyone has…

E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT

E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT

March 4, 2020 · by gexall · in Bundles, Case Management, Civil Procedure, Members Content, Useful links

The Courts and Tribunals Judiciary site has an “e-bundles protocol”. Since this is a sign of things to come it would benefit all practitioners to read it. THE GUIDANCE 4. Where an e-bundle is to be used the following technical…

CORONAVIRUS: ADVICE FOR THE LEGAL COMMUNITY - FROM THE LEGAL COMMUNITY AND BEYOND

CORONAVIRUS: ADVICE FOR THE LEGAL COMMUNITY – FROM THE LEGAL COMMUNITY AND BEYOND

February 28, 2020 · by gexall · in Members Content, Useful links

The potential impact of coronavirus on the legal community was discussed on Twitter yesterday.  This may be a good time to provide links to practical guidance given by lawyers  in relation to legal practice.  Here we look at official advice,…

LAW AND FLOODING: USEFUL GUIDES TO THE LAW AND PRACTICAL LINKS

February 25, 2020 · by gexall · in Members Content, Useful links

A few years ago, when large parts of my local area were flooded, I set up a  blog on flooding and the law.  The aim was to have links both legal and practical issues.  Today seems a good day to…

THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?

THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?

January 3, 2020 · by gexall · in Advocacy, Members Content, Useful links

One of the primary tasks of an advocate (indeed the primary task) is to persuade judges. That is why so much time is spend on this blog looking at guidance given by judges.  The beginning of the year is a good…

STAYING SANE AS A LITIGATOR 6: WORKLOAD: THE IDEAL CASELOAD OR "BURY EVERYBODY" - WHICH IS MORE PROFITABLE?

STAYING SANE AS A LITIGATOR 6: WORKLOAD: THE IDEAL CASELOAD OR “BURY EVERYBODY” – WHICH IS MORE PROFITABLE?

November 4, 2019 · by gexall · in Applications, Avoiding negligence claims, Members Content, Useful links, Well being

This is unlikely to be the last post on this topic.  Workload is likely to be the main source of stress for most litigators. The very basic issue of what is an appropriate caseload for litigators is often complained about…

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP  - OCTOBER 2019

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – OCTOBER 2019

November 3, 2019 · by gexall · in Civil Procedure, Members Content, Uncategorized, Useful links

Here we have links to blogs and articles about civil procedure and costs from October 2019. (If you have written a blog post or article that you think should have been included in this round up please contact me and…

JOB ADVERT: DISCRIMINATION LEGAL ADVISOR: SUFFOLK LAW CENTRE.

JOB ADVERT: DISCRIMINATION LEGAL ADVISOR: SUFFOLK LAW CENTRE.

July 29, 2019 · by gexall · in Access to justice, Members Content

Suffolk Law Centre has a job vacancy. The details are below.   The vacancy can also be viewed online here.  Tackling Discrimination in the East   Part-Time Discrimination Legal Advisor   Job Share: 22.2 Hours (specific times by agreement)   Salary:          …

THE CHANGE IN THE DISCOUNT RATE:  LINKS TO THE NEW SUPPLEMENTARY TABLES

THE CHANGE IN THE DISCOUNT RATE: LINKS TO THE NEW SUPPLEMENTARY TABLES

July 25, 2019 · by gexall · in Damages, Members Content, Useful links

The change in the discount rate has led to the Government Actuary’s Department producing supplementary tables which include the – 0.25% rate.  The relevant page can be found here.   LINKS TO THE TABLES Actuarial tables for use in personal…

PUTTING AN END TO BULLYING IN THE LEGAL PROFESSION: USEFUL LINKS

PUTTING AN END TO BULLYING IN THE LEGAL PROFESSION: USEFUL LINKS

July 3, 2019 · by gexall · in Members Content, Useful links, Well being

I was sad to read a Tweet from a practising barrister earlier today. The barrister tweets anonymously (and thus candidly).  They describe a terrible situation of bullying within the legal profession and their decision to “bite back”.  This led me…

HOW TO DRAFT A SKELETON ARGUMENT: GUIDANCE AND LINKS REVISITED

HOW TO DRAFT A SKELETON ARGUMENT: GUIDANCE AND LINKS REVISITED

April 15, 2019 · by gexall · in Members Content, Useful links, Written advocacy

A simple search term arrived on the blog today “How do I draft a skeleton argument?”  I wondered what level of practitioner would google this, however someone pointed out this has all the flavour of a desperate litigant in person…

COURT FEE REMISSION: USEFUL LINKS AND GUIDANCE

COURT FEE REMISSION: USEFUL LINKS AND GUIDANCE

April 14, 2019 · by gexall · in Costs, Court fees, Members Content, Useful links

The earlier post reporting that a defendant had been ordered to pay the claimant’s court fees despite the claimant being entitled to remission has led to a lot of discussion on Twitter. Responses range from “that’s right” to “what on…

"BE KIND TO PEOPLE": THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS FROM TWITTER

“BE KIND TO PEOPLE”: THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS FROM TWITTER

March 27, 2019 · by gexall · in Access to justice, Advocacy, Members Content, Well being, What I'd tell a younger me, Witness statements

Yesterday I set out some of the Advice given on Twitter to those making a start in the legal profession. Here I have most of the posts. The discussion is still going on.  There has been a particularly long chain…

HOW DO LAWYERS RELAX? GUIDANCE AND LINKS: FIND MUGGLES,  START SEWING AND DISCONNECT FROM YOUR WORK

HOW DO LAWYERS RELAX? GUIDANCE AND LINKS: FIND MUGGLES, START SEWING AND DISCONNECT FROM YOUR WORK

March 9, 2019 · by gexall · in Members Content, Useful links, Well being

This post follows a tweet I received earlier this evening, from “Bunglingbarrister” Bunglingbarrister‏    “Even when I’m not doing work I still think about it often. I don’t think it is healthy to never allow your brain to switch off….

TRANSPARENCY PROJECT: TRAINING FOR LAWYERS: 29th JANUARY 2019

TRANSPARENCY PROJECT: TRAINING FOR LAWYERS: 29th JANUARY 2019

January 23, 2019 · by gexall · in Access to justice, Courses, Members Content, Useful links

The Transparency Project is running a training course for lawyers on the 29th January 2019 at Gresham College, Holborn, London. Attendance is free of charge, although those who attend are invited to make a donation to further the work of…

ADVOCACY THE JUDGE'S VIEW SERIES 3: PART 10: THE LAST POST: A CHANCE TO LOOK BACK ON THE THREE SERIES (SO FAR)

ADVOCACY THE JUDGE’S VIEW SERIES 3: PART 10: THE LAST POST: A CHANCE TO LOOK BACK ON THE THREE SERIES (SO FAR)

January 13, 2019 · by gexall · in Advocacy, Members Content, Useful links

We have looked at guidance from judges from many parts of the world.  Looking at what judges say about the way that cases are brought before them is a good way for advocates (and litigation lawyers in general) to know…

STRESS, LITIGATORS AND LITIGATION: A RECAP

STRESS, LITIGATORS AND LITIGATION: A RECAP

October 10, 2018 · by gexall · in Avoiding negligence claims, Case Management, Conduct, Members Content, Useful links

For World Mental Health Day I am re-posting posts on this blog that deal with stress, for litigators and those involved in the litigation process.  Part of my work, dealing with relief from sanctions and limitation, means I come across…

STRESS, LITIGATION AND LAWYERS: USEFUL LINKS AND GUIDANCE

STRESS, LITIGATION AND LAWYERS: USEFUL LINKS AND GUIDANCE

March 8, 2018 · by gexall · in Case Management, Members Content, Relief from sanctions

I have blogged on stress and the litigation process several times.  This is because there are close links to the work I do on relief from sanctions. Being involved in a case where there is default inevitably causes stress. Further…

PROPOSED NEW RULES FOR DISCLOSURE: LINKS AND COMMENTARY

November 27, 2017 · by gexall · in Disclosure, Members Content, Useful links

There is a consultation process going on at present in relation to disclosure. THE PROBLEM The issues of concern are summarised in the Briefing Note “(i) Since the CPR came into force 18 years ago the volume of data that…

BEING A WITNESS IN COURT:  "AVOIDING HUMILIATION":  USEFUL LINKS (VIDEOS TOO)

BEING A WITNESS IN COURT: “AVOIDING HUMILIATION”: USEFUL LINKS (VIDEOS TOO)

October 23, 2017 · by gexall · in Civil evidence, Civil Procedure, Members Content, Useful links, Witness statements

This idea for this post comes from another blog. Pink Tape has a recent post giving  parents tips on giving evidence in court.  This caused me to look at the assistance available generally. This is one part of the legal…

DEALING WITH BEREAVED  CLIENTS: A DEFICIT IN LEGAL TRAINING?

DEALING WITH BEREAVED CLIENTS: A DEFICIT IN LEGAL TRAINING?

May 26, 2017 · by gexall · in Fatal Accidents, Members Content, Useful links

I was lecturing yesterday alongside an oncologist.  He has a difficult job.  On a regular (sometimes daily) basis he has to tell patients whether they can be treated, how long they “have left” and whether treatment is worthwhile. This left…

RELIEF FROM SANCTIONS: THE CASES:  AN IMPRESSIVE AND THEMATIC LIST

RELIEF FROM SANCTIONS: THE CASES: AN IMPRESSIVE AND THEMATIC LIST

May 12, 2017 · by gexall · in Members Content, Relief from sanctions, Useful links

I am grateful to barrister Matthew White for drawing my attention to an impressive table that he has prepared with his colleague Marcus Coates-Walker.  They have set out, in tabular form, the post-Denton cases on relief from sanctions, analysing each…

NOTES FROM A BELEAGUERED BENCH: THE IRON FIST AND NO VELVET GLOVER

NOTES FROM A BELEAGUERED BENCH: THE IRON FIST AND NO VELVET GLOVER

April 24, 2017 · by gexall · in Members Content, Useful links

There is a section on this blog which has links to posts and articles on procedure.  Usually I am content to post the link and lead to it readers to look at it themselves.  The article by Peter Glover in…

FIXED RECOVERABLE COSTS SEMINAR WITH LORD JUSTICE JACKSON: LEEDS, 6th FEBRUARY 2017

January 19, 2017 · by gexall · in Costs, Members Content, Useful links

 There are a limited number of places available for solicitors at the : Fixed Recoverable Costs Seminar with Lord Justice Jackson – Monday 6 February 2017 – 1.30pm to 5pm at DAC Beachcroft St Paul’s House. DETAILS Fixed Recoverable Costs…

LOOKING AT LITIGATION FROM THE LITIGANT'S VIEWPOINT 2: THE STRESS OF LITIGATION: GUIDANCE AND LINKS

September 12, 2016 · by gexall · in Applications, Civil Procedure, Members Content, Uncategorized, Useful links

The earlier post on looking at litigation from the litigant’s viewpoint led to some interesting comments, on the blog itself; on LinkedIn and on twitter.   It was particularly interesting to hear from lawyers who had been involved in litigation…

BREXIT: THE LEGAL CONSEQUENCES: USEFUL LINKS

June 25, 2016 · by gexall · in Brexit, Members Content, Uncategorized, Useful links

The vote to leave the EU has legal consequences across a wide range of practice areas. Here I aim to provide links to useful posts and articles that discuss those issues. This post is updated regularly. THE INDIVIDUAL SECTIONS There…

THINGS LAWYERS DO TO ANNOY JUDGES: EDITED HIGHLIGHTS

THINGS LAWYERS DO TO ANNOY JUDGES: EDITED HIGHLIGHTS

June 1, 2016 · by gexall · in Civil evidence, Civil Procedure, Members Content, Uncategorized, Written advocacy

Regular readers of this blog will be familiar with the judgment of Mr Justice Joseph W. Quinn in the case of  The Hearing Clinic (Niagara Falls) -v- Ontario Ltd, 2014 ONAC 5831  where he was more than blunt in his…

"FUNDAMENTAL DISHONESTY" A ROUND UP OF CASES & COMMENTARY

May 10, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Damages, Members Content, Personal Injury, Risks of litigation, Useful links

The earlier post on the procedural aspects of “fundamental” dishonesty led to the most visitors to the blog in a weekend ever.  Here we look at posts, articles, comments and cases in relation to the concept of fundamental dishonesty. REPORTED…

NEW GUIDE TO CHANCERY PROCEDURE: "COMMON LAWYERS" DON'T SWITCH OFF

November 1, 2013 · by gexall · in Civil Procedure, Members Content

HM Courts and Tribunal Service has provided a new Chancery Guide. It is available at http://www.chba.org.uk/for-members/library/practice-directions-court-notices/chancery-guide-updated-october-2013 It is worthwhile reading for non-Chancery lawyers.  The book contains invaluable advice about disclosu… Enjoying this post? Become a Civil Litigation Brief member to read…

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