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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE

CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE

April 17, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Clinical Negligence, Damages, Webinar, Witness statements

A post yesterday highlighted both the significance of a claim for loss of earnings for a child claimant, but also the difficulty.  In that case the award for disability in the labour market of £50,000 was higher than the award…

THROWBACK FRIDAY: THE DANGERS OF LETTING WITNESSES GIVE "OPINION" EVIDENCE: TWELVE YEARS ON AND THINGS MAY HAVE NOT CHANGED THAT MUCH: APRIL 2014

THROWBACK FRIDAY: THE DANGERS OF LETTING WITNESSES GIVE “OPINION” EVIDENCE: TWELVE YEARS ON AND THINGS MAY HAVE NOT CHANGED THAT MUCH: APRIL 2014

April 17, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

Here we look at at post from twelve years ago concerning judicial protestations about opinion evidence in witness statements. Despite all the warnings have occurred since, and the advent of PD57AC, this remains a regular (and improper) occurrence.  We looked…

PROVING THINGS 287: CLAIMS FOR FUTURE LOSS OF EARNINGS OF A CHILD: A JUDGMENT FROM YESTERDAY (AND A WEBINAR NEXT MONDAY...)

PROVING THINGS 287: CLAIMS FOR FUTURE LOSS OF EARNINGS OF A CHILD: A JUDGMENT FROM YESTERDAY (AND A WEBINAR NEXT MONDAY…)

April 16, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Damages, Members Content, Personal Injury, Webinar

Assessing claims for loss of earnings for children is always difficult.   The importance of this has become, if anything, more acute given the Supreme Court decision in CCC (by her mother and litigation friend MMM) (Appellant) v Sheffield Teaching Hospitals…

THE SUMMARY ASSESSMENT OF COSTS: A GUIDE FOR PRACTITIONERS: WEBINAR 17th APRIL 2026

THE SUMMARY ASSESSMENT OF COSTS: A GUIDE FOR PRACTITIONERS: WEBINAR 17th APRIL 2026

April 16, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content

Last week we saw a case where, on a summary assessment, costs were reduced from £2.6 million to £750,000 on a summary assessment. Clearly not all assessments are going to involve these amounts, however the case highlights that these can…

AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..

AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..

April 10, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Schedules, Webinar

Drafting a Schedule of Damages is not simply a mathematical calculation. It requires legal knowledge, careful analysis, attention to evidence, and practical judgement. Courts frequently criticise poorly prepared schedules, particularly where figures are unsupported, exaggerated, or inconsistent with the evidence….

MAZUR IN THE COURT OF APPEAL: WEBINAR WITH CHECKLISTS:  NOW AVAILABLE "ON DEMAND"

MAZUR IN THE COURT OF APPEAL: WEBINAR WITH CHECKLISTS: NOW AVAILABLE “ON DEMAND”

April 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Webinar

If you could not attend the webinar on the practical implications of  the Court of Appeal decision in Mazur yesterday it is now available “on demand”.  The Mazur decision confirms that authorised individuals may delegate tasks within the conduct of…

USEFUL CHECKLISTS TO HELP ENSURE COMPLIANCE WITH MAZUR: PART OF THE MATERIALS PROVIDED WITH THE WEBINAR ON THE 9th APRIL

USEFUL CHECKLISTS TO HELP ENSURE COMPLIANCE WITH MAZUR: PART OF THE MATERIALS PROVIDED WITH THE WEBINAR ON THE 9th APRIL

April 7, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Webinar

The webinar on Thursday provides a wealth of material in relation to compliance with the Court of Appeal guidance as to the conduct of litigation after  the Court of Appeal decision in Mazur. In addition there is a series of…

MAZUR MATTERS 58: LEARN HOW TO SUPERVISE STAFF PROPERLY - OR RISK GOING TO JAIL: IT IS WISE TO RECORD SUPERVISION ARRANGEMENTS FULLY

MAZUR MATTERS 58: LEARN HOW TO SUPERVISE STAFF PROPERLY – OR RISK GOING TO JAIL: IT IS WISE TO RECORD SUPERVISION ARRANGEMENTS FULLY

April 7, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Webinar

One key element of the Mazur decision, that needs repeating, is that it does not allow unauthorised persons to “conduct” litigation.  It allows unauthorised people to assist and conduct the tasks involved in litigation so long as they are properly…

MAXIMISING RECOVERY IN INTER PARTIES COSTS: THE ROLE OF THE FEE EARNER: WEBINAR 9th APRIL 2026: 12.00 pm: TRYING TO MAKE SURE YOU OBTAIN MAXIMUM RECOVERY ON ASSESSMENT

MAXIMISING RECOVERY IN INTER PARTIES COSTS: THE ROLE OF THE FEE EARNER: WEBINAR 9th APRIL 2026: 12.00 pm: TRYING TO MAKE SURE YOU OBTAIN MAXIMUM RECOVERY ON ASSESSMENT

April 6, 2026 · by gexall · in Applications, Assessment of Costs, Civil evidence, Civil Procedure, Costs

This webinar examines the crucial role of the fee earner in maximising the recovery of legal costs. Many litigators have limited experience of detailed assessments and may be unaware of the challenges that can arise during the process. The session…

MASTERING PD57AC - GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON'T): WEBINAR 30th APRIL 2026

MASTERING PD57AC – GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON’T): WEBINAR 30th APRIL 2026

March 30, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Webinar, Witness statements

Witness statements can make—or break—your case in the Commercial Courts. Since the introduction of Practice Direction 57AC in April 2021, the courts have repeatedly emphasised that compliance is not optional. Yet many practitioners continue to fall into the same costly…

IF YOU MISSED THE WEBINAR ON INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION IT IS NOW AVAILABLE "ON DEMAND"

IF YOU MISSED THE WEBINAR ON INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION IT IS NOW AVAILABLE “ON DEMAND”

March 25, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Webinar

The webinar on informing the client about the costs of litigation is now available “on demand” and  details can be found here.      THE REASONS FOR THE WEBINAR Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered…

AVOIDING THE PITFALLS OF DRAFTING PLEADINGS: WEBINAR 2nd APRIL 2026

AVOIDING THE PITFALLS OF DRAFTING PLEADINGS: WEBINAR 2nd APRIL 2026

March 20, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Statements of Case, Webinar

The series on the “Current importance of pleadings” has now reached 59 posts. There are other posts in the series that are  imminent.  This webinar looks at issues in relation to drafting statements of case.   BOOKING DETAILS Are available…

THE IMPORTANCE OF  SOLICITORS' ESTIMATES IN RELATION TO COSTS: SOME EXAMPLES WHERE PROBLEMS HAVE OCCURRED (WITH A FINAL PLUG FOR THE WEBINAR ON THE 19th MARCH)

THE IMPORTANCE OF SOLICITORS’ ESTIMATES IN RELATION TO COSTS: SOME EXAMPLES WHERE PROBLEMS HAVE OCCURRED (WITH A FINAL PLUG FOR THE WEBINAR ON THE 19th MARCH)

March 18, 2026 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs

The recent short series on this site about the Ombudsman and estimates of costs highlighted the issues that can occur when there are disputes over costs and the original figures given by the solicitor.  However the Ombudsman is not the…

COSTS INFORMATION AND THE OMBUDSMAN 7: HEADING OFF PROBLEMS AT THE OUTSET: (WEBINAR THIS THURSDAY 19th MARCH 2026 - WITH LOTS OF CHECKLISTS)

COSTS INFORMATION AND THE OMBUDSMAN 7: HEADING OFF PROBLEMS AT THE OUTSET: (WEBINAR THIS THURSDAY 19th MARCH 2026 – WITH LOTS OF CHECKLISTS)

March 16, 2026 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Webinar

This short series has aimed to highlight the ongoing difficulties that litigators, in particular, can have with giving compliant costs information to their clients.  In looking at this topic it is clear that there are numerous cases where clients have…

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026

March 9, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Part 36, Personal Injury, Witness statements

The Court of Appeal’s decision in Attersley v UK Insurance Ltd has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late remains subject to fixed recoverable costs…

COSTS INFORMATION AND THE OMBUDSMAN 2: POOR COSTS INFORMATION: NOT INFORMING THE CLIENT ABOUT COSTS UNTIL TWO YEARS INTO THE RETAINER...

COSTS INFORMATION AND THE OMBUDSMAN 2: POOR COSTS INFORMATION: NOT INFORMING THE CLIENT ABOUT COSTS UNTIL TWO YEARS INTO THE RETAINER…

March 6, 2026 · by gexall · in Civil Procedure, Conduct, Costs, Members Content

We are taking a close look at several Legal Ombudsman decisions in relation to costs, more particularly information about costs in litigation.  Here the firm of solicitors did not provide any information about potential costs for a year after being…

AVOIDING THE PITFALLS: WITNESS EVIDENCE AND WITNESS STATEMENTS: WEBINAR 6th MARCH 2026

AVOIDING THE PITFALLS: WITNESS EVIDENCE AND WITNESS STATEMENTS: WEBINAR 6th MARCH 2026

February 27, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Webinar, Witness statements

We have seen a lot of issues over the years in relation to the drafting of witness statements and presentation of witness evidence.  There are many cases that illustrate the problems that arise. This webinar aims to head off those…

WEBINAR ON PART 36: NOW AVAILABLE "ON DEMAND": WATCH IT WHEN AND WHERE YOU WANT...

WEBINAR ON PART 36: NOW AVAILABLE “ON DEMAND”: WATCH IT WHEN AND WHERE YOU WANT…

February 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Part 36, Webinar

I have had some enquiries about whether  the webinar given today on Recent Developments in Part 36 is available this webinar is available “on demand. It is now available – the details are available here.   (The CLB Member discount…

COURT OF APPEAL DECISION ON PART 36 FIXED COSTS AND LATE ACCEPTANCE HEARD - DECISION PENDING (PLUS A FINAL PLUG FOR THE WEBINAR ON PART 36 ON THE 26th FEBRUARY 2026)

COURT OF APPEAL DECISION ON PART 36 FIXED COSTS AND LATE ACCEPTANCE HEARD – DECISION PENDING (PLUS A FINAL PLUG FOR THE WEBINAR ON PART 36 ON THE 26th FEBRUARY 2026)

February 25, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Part 36

The Court of Appeal has heard an appeal against the decision in Laura Attersley v UK Insurance Limited [2025] EWHC 884 (KB).   This is an interesting decision on Part 36.  I understand that judgment is pending.  This was one of many…

FATAL ACCIDENTS WEBINAR SERIES 2026: ADVANCE NOTICE : JUNE - JULY 2026: BASIC PRINCIPLES AND SOME INTERESTING NEW DEVELOPMENTS CONSIDERED

FATAL ACCIDENTS WEBINAR SERIES 2026: ADVANCE NOTICE : JUNE – JULY 2026: BASIC PRINCIPLES AND SOME INTERESTING NEW DEVELOPMENTS CONSIDERED

February 23, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Damages, Fatal Accidents, Webinar

The recent High Court decision in Denning v Stone [2025] EWHC 3517 (KB) is a powerful reminder of the very particular nature of fatal accident damages. Although the deceased’s farm was not making a profit, the court awarded £377,577 to…

PART 36: RECENT CASES, KEY ISSUES AND KEY PROBLEMS CONSIDERED: WEBINAR 26th FEBRUARY 2026

PART 36: RECENT CASES, KEY ISSUES AND KEY PROBLEMS CONSIDERED: WEBINAR 26th FEBRUARY 2026

February 17, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Part 36, Webinar

A detailed working knowledge of Part 36 in practice is no longer optional for litigators. Recent decisions show the courts applying the rules with increasing rigour, exposing parties to serious and often unexpected costs consequences.   This webinar cuts through…

PART 36: LIABILITY ONLY OFFERS AND THE COURT OF APPEAL:  WE DON'T HAVE CLARITY AND CERTAINTY WE DO HAVE CONFUSION AND AMBIGUITY

PART 36: LIABILITY ONLY OFFERS AND THE COURT OF APPEAL: WE DON’T HAVE CLARITY AND CERTAINTY WE DO HAVE CONFUSION AND AMBIGUITY

February 13, 2026 · by gexall · in Appeals, Civil evidence, Civil Procedure, Part 36, Webinar

Those with long memories will recall the confusion  and uncertainty that the Court of Appeal caused in Carver v BAA Plc [2008] EWCA Civ 412 when the concept of a “near miss” was introduced in relation to Part 36. A…

MEMBER NEWS: A REMINDER OF MEMBER BENEFITS AND WHERE TO FIND THE DISCOUNT CODES: ESSENTIAL TOPICS COVERED IN WEBINARS THROUGHOUT THE YEAR

MEMBER NEWS: A REMINDER OF MEMBER BENEFITS AND WHERE TO FIND THE DISCOUNT CODES: ESSENTIAL TOPICS COVERED IN WEBINARS THROUGHOUT THE YEAR

February 12, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Expert evidence, Experts, Relief from sanctions, Webinar, Witness statements

A reminder that member subscribers have access to discounts on webinars being presented throughout the year.   The details of the webinars, the  discounts and how to find the discount codes are below.  The first webinar sets out the practical consequences…

AVOIDING THE PITFALLS OF LIMITATION AND MAKING SECTION 33 APPLICATIONS: WEBINAR 20th FEBRUARY 2026 (MAKE SURE YOU'RE ON TIME...)

AVOIDING THE PITFALLS OF LIMITATION AND MAKING SECTION 33 APPLICATIONS: WEBINAR 20th FEBRUARY 2026 (MAKE SURE YOU’RE ON TIME…)

February 11, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Limitation, Webinar

We have seen a few interesting cases about limitation in the past 12 months.  Misunderstanding, and missing, limitation periods remains a frequent issue in modern litigation. This webinar deals with common issues and problems that arise with limitation in practice….

WE HAVE SEEN HOW  ALLEGED FAILURES IN PROVIDING COSTS INFORMATION  EXPOSES SOLICITORS' FIRMS TO RISK : A STRATEGY TO AVOID THE SAME OUTCOMES: ADVANCE NOTICE OF WEBINAR ON THE 19th MARCH 2026

WE HAVE SEEN HOW ALLEGED FAILURES IN PROVIDING COSTS INFORMATION EXPOSES SOLICITORS’ FIRMS TO RISK : A STRATEGY TO AVOID THE SAME OUTCOMES: ADVANCE NOTICE OF WEBINAR ON THE 19th MARCH 2026

February 9, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Members Content, Webinar

Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered to repay substantial fees and pay significant compensation for failures in costs information — even where the underlying litigation has been competently conducted. This webinar uses Knight and other recent…

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…

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  • THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN "UNFOCUSED" MANNER: A "MOVEABLE FEAST" IS NOT A WISE WAY TO CONDUCT LITIGATION
  • BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
  • THE CURRENT IMPORTANCE OF PLEADINGS 67 : YOU CANNOT RELY ON THE DEFENDANTS' ALLEGED SILENCE AS AN EXCUSE TO ATTEMPT AN UNPLEADED CASE THROUGH THE BACK DOOR
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP - BUT HINDER: "I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT'S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME"
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