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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026

AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026

February 5, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Relief from sanctions

As regular readers of this site know procedural mistakes derail more civil claims than weak evidence or bad law. Missed deadlines, defective pleadings, non-compliance with court directions and costs failures can all result in serious sanctions — or the claim…

PART 36: RECENT DEVELOPMENTS AND PRACTICAL CONSEQUENCES:  DETAILS OF THE WEBINAR ON THE 26th FEBRUARY 2025

PART 36: RECENT DEVELOPMENTS AND PRACTICAL CONSEQUENCES: DETAILS OF THE WEBINAR ON THE 26th FEBRUARY 2025

February 3, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Part 36, Webinar

A working — indeed, a detailed — knowledge of how Part 36 operates in practice is essential for all litigators. Although it is famously described as a “self-contained code”, it is a code whose application continues to develop, often in…

PART 36 IN THE PAST 12 MONTHS: WHAT PRACTITIONERS NEED TO KNOW: WEBINAR 26th FEBRUARY 2.00 pm (THREE TRACTORS, TWO FIELDS AND FAILING TO BEAT AN OFFER BY A "WHISKER")

PART 36 IN THE PAST 12 MONTHS: WHAT PRACTITIONERS NEED TO KNOW: WEBINAR 26th FEBRUARY 2.00 pm (THREE TRACTORS, TWO FIELDS AND FAILING TO BEAT AN OFFER BY A “WHISKER”)

January 29, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Part 36, Webinar

The past 12 months have seen some important cases about Part 36. Every civil litigator needs to keep up to date with these developments. This webinar looks at the cases and considers the practical implications for litigators. DATE AND TIME…

SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A "FORMIDABLE BURDEN"

SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A “FORMIDABLE BURDEN”

January 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content, Part 36, Witness statements

A litigant who fails to beat a Part 36 offer can normally expect to face the consequences set out in the rules.  There is an exception if that litigant can satisfy the court that it is “unjust” for those consequences…

THROWBACK FRIDAY: EXTENDING TIME FOR SERVICE OF THE CLAIM FORM ALWAYS WAS (AND REMAINS) A RISKY BUSINESS

THROWBACK FRIDAY: EXTENDING TIME FOR SERVICE OF THE CLAIM FORM ALWAYS WAS (AND REMAINS) A RISKY BUSINESS

January 16, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

This week we go back to January 2016. It is a post about the dangers of applying for extensions of time to serve the claim form.  The points made a decade ago remain equally valid today. We saw several cases…

AVOIDING THE PITFALLS: SERVICE OF THE CLAIM FORM: WEBINAR 23rd JANUARY 2025: HOW TO AVOID "DICING WITH PROCEDURAL DEATH"

AVOIDING THE PITFALLS: SERVICE OF THE CLAIM FORM: WEBINAR 23rd JANUARY 2025: HOW TO AVOID “DICING WITH PROCEDURAL DEATH”

January 14, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Service of the claim form, Serving documents

Readers of this blog know that issues relating to service of the claim form are a regular feature of the blog.  There were numerous posts last year. There are likely to be issues throughout 2026.  This webinar is designed to…

MAZUR COMPLIANT SUPERVISION AND COST EFFECTIVE DELEGATION IN 2025: WEBINAR 5th DECEMBER 2025: "TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT"

MAZUR COMPLIANT SUPERVISION AND COST EFFECTIVE DELEGATION IN 2025: WEBINAR 5th DECEMBER 2025: “TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT”

November 28, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Webinar, Well being

With an appeal pending (at some indefinite time) and the profession still rife with uncertainty we need to consider, head on, issues relating to delegation and supervision.  Get this right and you will be part of a well run and…

CONTRIBUTORY NEGLIGENCE AND ACCIDENTS AT WORK: WEBINAR 1ST DECEMBER 2025: CRITICISM USING HINDSIGHT IS EASY BUT DOES NOT NECESSARILY LEAD TO FINDINGS AGAINST A CLAIMANT

CONTRIBUTORY NEGLIGENCE AND ACCIDENTS AT WORK: WEBINAR 1ST DECEMBER 2025: CRITICISM USING HINDSIGHT IS EASY BUT DOES NOT NECESSARILY LEAD TO FINDINGS AGAINST A CLAIMANT

November 24, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Personal Injury, Webinar

This webinar explores the complex area of contributory negligence in employer’s liability cases. It examines how courts approach allegations that an employee’s actions contributed to their own injury, drawing on key case law to illustrate judicial reasoning. Delegates will gain…

CONTRIBUTORY NEGLIGENCE IN ROAD TRAFFIC CASES: DO ALL ROADS LEAD TO FROOM? WEBINAR 19th NOVEMBER 2025

CONTRIBUTORY NEGLIGENCE IN ROAD TRAFFIC CASES: DO ALL ROADS LEAD TO FROOM? WEBINAR 19th NOVEMBER 2025

November 18, 2025 · by gexall · in Civil evidence, Costs, Damages, Personal Injury, Webinar, Witness statements

Issues relating to contributory negligence often play a large part in road traffic cases.  This webinar looks at the case law and guidance in relation to the key issues that often arise. Booking details are available here. (A failure to wear…

CONTRIBUTORY NEGLIGENCE: THE LAW, PRACTICE AND SPECIAL CASES: WEBINAR 17th NOVEMBER 2025

CONTRIBUTORY NEGLIGENCE: THE LAW, PRACTICE AND SPECIAL CASES: WEBINAR 17th NOVEMBER 2025

November 14, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Clinical Negligence, Costs, Personal Injury

You may be reading this for the second time – but it may be partly your own fault.…  This webinar looks at the law relating to contributory negligence, the legislation and the key cases.  Booking details are available here.  …

EXPERTS IN THE COURTS IN 2025: THE CASES (AND THE LESSONS) CONSIDERED IN A WEBINAR ON THE 20th NOVEMBER 2025

EXPERTS IN THE COURTS IN 2025: THE CASES (AND THE LESSONS) CONSIDERED IN A WEBINAR ON THE 20th NOVEMBER 2025

November 12, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Relief from sanctions, Webinar

This has been quite a year for experts in the courts.  All kinds of mistakes and errors have been reported upon.  These are expensive issues for litigants and sometimes for the experts involved.  This webinar looks at cases relating to…

DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025: LOOKING AT MISTAKES IN LITIGATION TO AVOID REPEATS NEXT YEAR...

DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025: LOOKING AT MISTAKES IN LITIGATION TO AVOID REPEATS NEXT YEAR…

November 5, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Relief from sanctions, Webinar

It is that time of year when we can look back and reflect on events of the previous 12 months. Here we are looking at what lessons can be learnt from cases on default and sanctions since November 2024.  As…

MEMBER NEWS: UPDATE ON THE CIVIL LITIGATION BRIEF WEBINAR SERIES: THIS SITE WILL BE OFFLINE FOR AN HOUR ON THE 29th OCTOBER

MEMBER NEWS: UPDATE ON THE CIVIL LITIGATION BRIEF WEBINAR SERIES: THIS SITE WILL BE OFFLINE FOR AN HOUR ON THE 29th OCTOBER

October 28, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Member news, Webinar

There are two pieces of news. Firstly the site is having a short “rest” on the 29th October, this is only for an hour – but it will be back newly invigorated.  Secondly a reminder of some of the webinars…

LIGHT IN ALL THE HEAT: ENSURING THAT AN AUTHORISED PERSON HAS "CONDUCT OF LITIGATION": A PRACTICAL GUIDE: WEBINAR 31st OCTOBER 2025

LIGHT IN ALL THE HEAT: ENSURING THAT AN AUTHORISED PERSON HAS “CONDUCT OF LITIGATION”: A PRACTICAL GUIDE: WEBINAR 31st OCTOBER 2025

October 27, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Webinar

There are many heated responses to the Mazur decision.  There are articles suggesting that the judge got the law wrong. (Apparently the judge should not have listened to the submissions of both the Law Society and SRA which supported his…

OCCUPIER'S LIABILITY CASES IN THE COURTS: A PRACTICAL APPROACH: WEBINAR 29th OCTOBER 2025

OCCUPIER’S LIABILITY CASES IN THE COURTS: A PRACTICAL APPROACH: WEBINAR 29th OCTOBER 2025

October 24, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Personal Injury, Webinar, Witness statements

This webinar looks at how the courts are dealing with occupiers liability cases and the duty of care.  It takes a practical look at they way in which cases are decided and the factors which determine whether liability is established…

ADVOCACY IN THE CIVIL COURTS 2025: WEBINAR 23rd OCTOBER 2025

ADVOCACY IN THE CIVIL COURTS 2025: WEBINAR 23rd OCTOBER 2025

October 17, 2025 · by gexall · in Advocacy, Civil evidence, Civil Procedure, Webinar, Written advocacy

Regular readers of this blog will know that I regularly take you through guides and hints to advocacy, being particularly keen on those articles and comments given by judges.  A lot of that will feature in this webinar which aims…

MAZUR MATTERS 20:  TWO MORE USEFUL LINKS: WHAT IS NOT THE CONDUCT OF LITIGATION? PLUS A SNIPPET OF THE LAW SOCIETY GUIDANCE

MAZUR MATTERS 20: TWO MORE USEFUL LINKS: WHAT IS NOT THE CONDUCT OF LITIGATION? PLUS A SNIPPET OF THE LAW SOCIETY GUIDANCE

October 17, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Useful links

I am continuing with the Mazur series by looking at two more useful links from reputable sources.  One, from the Bar Standards Board,  on what is not the conduct of litigation the other the Law Society Practice Note on these…

WITNESS STATEMENTS: GUIDANCE FOR THOSE WHO TAKE THEM AND THOSE WHO SUPERVISE THEM: WEBINAR 15th OCTOBER 2025

WITNESS STATEMENTS: GUIDANCE FOR THOSE WHO TAKE THEM AND THOSE WHO SUPERVISE THEM: WEBINAR 15th OCTOBER 2025

October 8, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Webinar, Witness statements

On a regular basis on this blog we see cases where judges have been highly critical of the witness statements used at trials or hearings.  This criticism is not a rare event and is usually justified. Many witness statements are…

THREE WEBINARS ON EXPERTS: THE JOINT EXPERT AND MEETING OF EXPERTS; PART 35 QUESTIONS AND EXPERTS IN THE COURTS IN 2025

THREE WEBINARS ON EXPERTS: THE JOINT EXPERT AND MEETING OF EXPERTS; PART 35 QUESTIONS AND EXPERTS IN THE COURTS IN 2025

September 15, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Webinar

The way in which the “Expert Watch” series has quickly developed shows that issues relating to expert evidence continue to give rise to problems.  These three webinars explore many of the major issues in relation to experts. Dealing with the…

WHICH TRACK IS BEST?  THE RULES, CASES AND GUIDANCE: ALLOCATION - SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025

WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025

September 4, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Damages, Webinar

Over the past month or so we have looked at three cases where the question of allocation of housing disrepair cases has been considered. The issue lies between Fast Track and the Small Claims Track.  This webinar looks at the…

MEMBER NEWS: "ON DEMAND" CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS

MEMBER NEWS: “ON DEMAND” CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS

September 3, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Limitation, Relief from sanctions, Risks of litigation, Webinar, Witness statements

Last week we looked at webinars coming up which may be of interest to CLB readers.  CLB members can obtain a discount on these webinars.  The same discount applies to webinars which are now available “on demand”.  These webinars are…

ATTENDANCE NOTES IN CIVIL LITIGATION 2025: WEBINAR 15th SEPTEMBER 2025

ATTENDANCE NOTES IN CIVIL LITIGATION 2025: WEBINAR 15th SEPTEMBER 2025

September 2, 2025 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Webinar

There have been at least three cases over the previous few months where attendance notes taken by solicitors have played a significant part in the outcome of a case, appeal or application.  These notes protected a solicitor against complaints of…

LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR ACTIVITIES: WEBINAR 3rd SEPTEMBER 2025

LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR ACTIVITIES: WEBINAR 3rd SEPTEMBER 2025

August 29, 2025 · by gexall · in Civil evidence, Personal Injury, Webinar

As recent events have shown the consequences of inadequate training, supervision and knowledge of those responsible for running outdoor activities can lead to major injuries and fatalities.  The webinar looks at the case law, statutes and general guidance in relation…

ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES 3: WEBINAR 10th SEPTEMBER 2025

ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES 3: WEBINAR 10th SEPTEMBER 2025

August 19, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Webinar

Earlier today we have looked at two appeals in relation to allocation in housing disrepairs.  Each appeal was successful for different reasons. My involvement in one of the appeals has led me, along with Steve Cornforth, a webinar on Allocation…

DRAFTING WITNESS STATEMENTS: WHEN THE WITNESS HAS NO KNOWLEDGE OF THE MATTERS THEY RELY ON: HE "SHOULD HAVE CHECKED THE UNDERLYING DOCUMENTS HIMSELF".

DRAFTING WITNESS STATEMENTS: WHEN THE WITNESS HAS NO KNOWLEDGE OF THE MATTERS THEY RELY ON: HE “SHOULD HAVE CHECKED THE UNDERLYING DOCUMENTS HIMSELF”.

July 21, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

There is an apparently never ending series of cases in which witness statements are used in circumstances where, in reality, the maker of that statement has no first hand knowledge of the matters stated. This often only becomes apparent at…

WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025

WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025

July 18, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Relief from sanctions, Webinar, Witness statements

One of the most aggravating things to read about in the legal press are those cases where people get into serious disciplinary trouble after having made a procedural or other mistake. It is not the mistake that has caused their…

AN INTRODUCTION TO LAW AND PRACTICE IN THE CORONER'S COURT: WEBINAR 17th JULY 2025

AN INTRODUCTION TO LAW AND PRACTICE IN THE CORONER’S COURT: WEBINAR 17th JULY 2025

July 14, 2025 · by gexall · in Civil evidence, Civil Procedure, Costs, Fatal Accidents, Webinar

Representing people at a Coroner’s hearing gives rise to major challenges and responsibilities.  Ensuring that the concerns of the participants are fully considered whilst recognising the limited role that the coroner has.  This webinar  is an introduction to the role…

DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 15th JULY 2025

DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 15th JULY 2025

July 11, 2025 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Damages, Fatal Accidents, Personal Injury, Webinar

This webinar deals with some of the most sensitive and difficult issues that a litigator may have to deal with.  It looks a law and practice relating to losses incurred prior to death.  Booking details are available here. ISSUES COVERED…

CHILDREN AND FATAL ACCIDENT LITIGATION 2025: WEBINAR 8th JULY 2025

CHILDREN AND FATAL ACCIDENT LITIGATION 2025: WEBINAR 8th JULY 2025

July 6, 2025 · by gexall · in Civil evidence, Civil Procedure, Fatal Accidents, Webinar

There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…

THE KEY CASES IN FATAL ACCIDENT DAMAGES 2025: WEBINAR 3rd JULY 2025

THE KEY CASES IN FATAL ACCIDENT DAMAGES 2025: WEBINAR 3rd JULY 2025

June 29, 2025 · by gexall · in Damages, Fatal Accidents, Personal Injury, Webinar

In a recent case the court observed the importance of working from the established cases when considering how fatal accident damages should be assesessed.  When allowing an appeal from an “unconventional” means of assessment by the trial judge it was…

CONTRIBUTORY NEGLIGENCE CONSIDERED: CASES IN THE COURTS IN THE PAST 12 MONTHS: WEBINAR 1ST JULY 2025

CONTRIBUTORY NEGLIGENCE CONSIDERED: CASES IN THE COURTS IN THE PAST 12 MONTHS: WEBINAR 1ST JULY 2025

June 26, 2025 · by gexall · in Personal Injury, Webinar

It is commonplace for defendants to make allegations of contributory negligence against an injured claimant.  Litigators working in this field need to know the basic law and principles relating to contributory negligence and also how these are being applied in…

FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025

FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025

June 20, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Fatal Accidents, Webinar, Witness statements

We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar  looks at the potential problem areas of fatal accident litigation and…

PREPARING A SCHEDULE AND PROVIDING EVIDENCE IN A FATAL CLAIM 2025: WEBINAR 18th JUNE 2025

PREPARING A SCHEDULE AND PROVIDING EVIDENCE IN A FATAL CLAIM 2025: WEBINAR 18th JUNE 2025

June 13, 2025 · by gexall · in Damages, Fatal Accidents, Personal Injury, Webinar

It is a difficult task to summarise the value of a life in one document. This is what happens when a schedule is drafted in a fatal claim.  It is a task that has to be done carefully and with…

UNDERSTANDING THE LAW AS TO FATAL ACCIDENTS 2025: WEBINAR 11th JUNE 2025

UNDERSTANDING THE LAW AS TO FATAL ACCIDENTS 2025: WEBINAR 11th JUNE 2025

June 9, 2025 · by gexall · in Damages, Fatal Accidents, Webinar

Part of a series on fatal accident litigation this webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details available here   WHAT THE…

FOUR PART 36 WEBINARS - ALL AVAILABLE ON YOUTUBE: WHAT A TREAT - POTENTIALLY A WHOLE NIGHT'S VIEWING...

FOUR PART 36 WEBINARS – ALL AVAILABLE ON YOUTUBE: WHAT A TREAT – POTENTIALLY A WHOLE NIGHT’S VIEWING…

June 5, 2025 · by gexall · in Civil Procedure, Members Content, Part 36, Webinar

The webinar on Part 36 that  I broadcast earlier this week is now available on YouTube and can be found here.  Links to previous webinars on Part 36 can be found below.   MATTERS COVERED IN THE 2025 WEBINAR This…

FATAL ACCIDENT LAW AND PRACTICE: SEVEN WEBINARS TO HELP YOU UNDERSTAND LAW, PROCEDURE AND PRACTICE

FATAL ACCIDENT LAW AND PRACTICE: SEVEN WEBINARS TO HELP YOU UNDERSTAND LAW, PROCEDURE AND PRACTICE

June 5, 2025 · by gexall · in Courses, Damages, Fatal Accidents, Webinar

Fatal accidents claims are often some of the most challenging areas for the litigator.  Claims have to be investigated (and defended) with great care and sensitivity.  To add to the difficulties the law relating to damages is almost wholly based…

DOES EVERY DOG DESERVE ONE BITE? LIABILITY FOR ANIMALS - RECENT CASES CONSIDERED: WEBINAR 6th JUNE 2025

DOES EVERY DOG DESERVE ONE BITE? LIABILITY FOR ANIMALS – RECENT CASES CONSIDERED: WEBINAR 6th JUNE 2025

June 2, 2025 · by gexall · in Civil evidence, Civil Procedure, Liability, Members Content, Personal Injury, Webinar

It is difficult to find anyone who has a good word to say about Section 2 of  the Animals Act, this webinar looks at recent cases relating to liability for animals and the practical steps litigators can take when considering…

PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES 2025: WEBINAR 4th JUNE 2025

PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES 2025: WEBINAR 4th JUNE 2025

May 29, 2025 · by gexall · in Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. Booking details are available here.      It then looks at the…

PART 36 IN THE COURTS IN THE PAST 12 MONTHS: WEBINAR 3rd JUNE 2025: KINGS CHAMBERS

May 23, 2025 · by gexall · in Civil Procedure, Members Content, Part 36, Webinar

There is always a batch of interesting cases on Part 36, for the past four years I have reviewed this in a webinar arranged by my chambers. This year is no different and the webinar takes place on the 3rd…

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 21st MAY 2025

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 21st MAY 2025

May 14, 2025 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Damages, Members Content, Part 36, Personal Injury, Webinar

A defendant is entitled to make a Part 36 offer whenever it wants. The making of an early offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that…

AVOIDING PROBLEMS WITH CLAIMS FOR LOSS OF EARNINGS: A WEBINAR (& CHECKLIST): 14th MAY 2025

AVOIDING PROBLEMS WITH CLAIMS FOR LOSS OF EARNINGS: A WEBINAR (& CHECKLIST): 14th MAY 2025

May 7, 2025 · by gexall · in Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

There are many ways in which a court can approach a claim for loss of earnings.  There are as many ways in which a claim for loss of earnings can go wrong. In recent weeks I have written about cases…

THE RICS PRACTICE ALERT  ON ACTING AS AN EXPERT WITNESS IN HOUSING DISREPAIR AND OTHER HIGH VOLUME CASES: OF INTEREST TO ALL EXPERTS (AND THOSE WHO INSTRUCT THEM)

THE RICS PRACTICE ALERT ON ACTING AS AN EXPERT WITNESS IN HOUSING DISREPAIR AND OTHER HIGH VOLUME CASES: OF INTEREST TO ALL EXPERTS (AND THOSE WHO INSTRUCT THEM)

May 1, 2025 · by gexall · in Civil evidence, Conduct, Credibility of experts, Expert evidence, Experts, Members Content, Webinar

The RICS has produced a Practice Alert aimed specifically at those acting as expert witnesses in housing disrepair and other high volume cases.  It some ways the Alert is surprising in that it says nothing new, that is most of…

DEALING WITH THE COUNTER-SCHEDULE AND THE DEFENDANT'S ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 7th MAY 2025

DEALING WITH THE COUNTER-SCHEDULE AND THE DEFENDANT’S ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 7th MAY 2025

April 29, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

Much of the task of the claimant lawyer concentrates on the task of building up the claim for damages to ensure proper compensation. However it is essential that the lawyer if fully aware of the arguments, case law and principles…

LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR PURSUITS: WEBINAR 3rd SEPTEMBER 2025

LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR PURSUITS: WEBINAR 3rd SEPTEMBER 2025

April 28, 2025 · by gexall · in Members Content, Personal Injury, Webinar

As recent events have shown the consequences of proper training, supervision and knowledge of those responsible for running outdoor activities lead to major injuries and fatalities.  This webinar considers the key issues and cases on the topic. Booking details are…

DRAFTING SCHEDULES OF DAMAGES: EFFECTIVE DRAFTING AND AVOIDING THE PITFALLS: WEBINAR 29th APRIL 2025

DRAFTING SCHEDULES OF DAMAGES: EFFECTIVE DRAFTING AND AVOIDING THE PITFALLS: WEBINAR 29th APRIL 2025

April 23, 2025 · by gexall · in Civil evidence, Civil Procedure, Damages, Members Content, Personal Injury, Webinar

Over the past few months we have looked at cases where claimants have claimed damages for working 24.4 hours a day, where the contents of a  a schedule were found to amount to fundamental dishonesty and where a schedule was…

RECENT CASES ON LOSS OF EARNINGS: WHAT CAN WE LEARN FROM THEM? WEBINAR 23rd APRIL 2025

RECENT CASES ON LOSS OF EARNINGS: WHAT CAN WE LEARN FROM THEM? WEBINAR 23rd APRIL 2025

April 17, 2025 · by gexall · in Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

Practitioners can learn a lot from looking at judgments on claims for loss of earnings.  These provide a practical grounding of how the courts approach such claims and, in particular, how judges consider the evidence (or absence of evidence) in…

EXPERT EVIDENCE FOR HOUSING LAWYERS: WEBINAR 14th MAY 2025

EXPERT EVIDENCE FOR HOUSING LAWYERS: WEBINAR 14th MAY 2025

April 15, 2025 · by gexall · in Credibility of experts, Expert evidence, Experts, Members Content, Webinar

I am giving a webinar for  the Steve Cornforth Consultance on the 14th May 2025.  It is aimed at housing lawyers and aims to have a comprehensive look at the rules, guidance and cases on the use of experts in…

SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE...

SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE…

April 9, 2025 · by gexall · in Civil evidence, Damages, Members Content, Personal Injury, Webinar

Injuries to those involved in sports are not unusual.  The issues relating to whether injuries are the result of negligence are complex ones. This webinar looks at the law relating to sporting injuries and, importantly, at the practical issues that…

ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 15th APRIL 2025

ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 15th APRIL 2025

April 6, 2025 · by gexall · in Clinical Negligence, Damages, Members Content, Personal Injury

Issues relating to accommodation costs and aids and appliances feature in many moderate to serious personal injury cases.  There are relatively few cases where the principles governing damages are considered. This webinar looks at the principles and the practical steps…

DAMAGES FOR PAIN, SUFFERING AND LOSS OF AMENITY: RECENT CASES AND LESSONS TO LEARN FROM THEM: WEBINAR 8th APRIL 2025

DAMAGES FOR PAIN, SUFFERING AND LOSS OF AMENITY: RECENT CASES AND LESSONS TO LEARN FROM THEM: WEBINAR 8th APRIL 2025

March 28, 2025 · by gexall · in Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

Awards for pain and suffering are made in every personal injury case. However the law and principles relating to these awards are rarely considered by practitioners. This webinar takes a close look at recent awards to enable practitioners to know,…

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  • THE PROFOUND DIFFICULTIES IN AMENDING PROCEEDINGS TO SUBSTITUTE A PARTY AFTER THE LIMITATION PERIOD HAS EXPIRED: COURT OF APPEAL DECISION TODAY: WHY CLAIMANTS HAVE TO BE CERTAIN OF WHO THEY ARE SUING…
  • COST BITES 343: AN OPPORTUNITY HAVE A CLOSE LOOK AT A CASE BEING BUDGETED: “I HAVE NO DOUBT THAT THE OVERALL FIGURE PUT FORWARD IS PRIMA FACIE DISPROPORTIONATE”
  • THROWBACK FRIDAY: MAKING SURE YOU ARE “LEGALLY STREETWISE”: “CLIENT’S MAY SEEK TO TAKE ADVANTAGE OF YOU” (FEBRUARY 2016)
  • COST BITES 342: THE CLAIMANTS’ HYPERBOLIC APPROACH TO ASSESSMENT COST THEM DEARLY: PERSONAL LIABILITY FOR £132,400 FOLLOWING THEIR CHALLENGE OF A BILL OF £147,436.33

Top Posts

  • THROWBACK FRIDAY: MAKING SURE YOU ARE "LEGALLY STREETWISE": "CLIENT'S MAY SEEK TO TAKE ADVANTAGE OF YOU" (FEBRUARY 2016)
  • THE PROFOUND DIFFICULTIES IN AMENDING PROCEEDINGS TO SUBSTITUTE A PARTY AFTER THE LIMITATION PERIOD HAS EXPIRED: COURT OF APPEAL DECISION TODAY: WHY CLAIMANTS HAVE TO BE CERTAIN OF WHO THEY ARE SUING...
  • COST BITES 343: AN OPPORTUNITY HAVE A CLOSE LOOK AT A CASE BEING BUDGETED: "I HAVE NO DOUBT THAT THE OVERALL FIGURE PUT FORWARD IS PRIMA FACIE DISPROPORTIONATE"
  • COST BITES 344: INSOLVENCY COURT HAS POWER TO MAKE A PRO BONO COSTS ORDER FOR THE COSTS OF COUNSEL: POINTS TO WARN ABOUT IF YOUR OPPONENTS ARE ACTING ON A PRO BONO BASIS
  • COST BITES 342: THE CLAIMANTS' HYPERBOLIC APPROACH TO ASSESSMENT COST THEM DEARLY: PERSONAL LIABILITY FOR £132,400 FOLLOWING THEIR CHALLENGE OF A BILL OF £147,436.33

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