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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021

DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021

February 23, 2021 · by gexall · in Avoiding negligence claims, Damages, Webinar

This webinar on the 4th March 2021 is part of the Avoiding Pitfalls series. It looks at rules and practice relating to drafting and proving damages in personal injury cases.  The webinar considers schedules of damages and proving damages with…

EVIDENCE AND WITNESS STATEMENTS: AVOIDING THE PITFALLS: WEBINAR 25th FEBRUARY 2021

EVIDENCE AND WITNESS STATEMENTS: AVOIDING THE PITFALLS: WEBINAR 25th FEBRUARY 2021

February 16, 2021 · by gexall · in Civil evidence, Webinar, Witness statements

I am giving a webinar on avoiding the pitfalls in evidence and witness statements on the 25th February 2021. Details are available here.    “Unfortunately, rules practice directions and guidance as to the content of witness statements appeal to be…

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)

RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)

February 11, 2021 · by gexall · in Civil evidence, Civil Procedure, Costs, Rule Changes, Webinar

I am returning to the changes being introduced in relation to vulnerable parties and witnesses because the new rules are now available here . The new Practice Direction was looked at in detail in an earlier post.    CHANGES TO…

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: WEBINAR 17th FEBRUARY 2021

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: WEBINAR 17th FEBRUARY 2021

February 9, 2021 · by gexall · in Civil Procedure, Statements of Case, Webinar

I am giving a webinar on the 17th February 2021 on avoiding problems with Statements of Case. This is part series of webinars on the theme of “staying safe” in the running of personal injury cases. The webinars look at…

VULNERABLE WITNESSES IN CIVIL PROCEEDINGS: THE NEW RULES: WEBINAR 22nd MARCH 2021

February 4, 2021 · by gexall · in Civil evidence, Rule Changes, Webinar, Witness statements

I am presenting a webinar on the 22nd March 2021 dealing with the new rules relating to vulnerable witnesses in civil proceedings. The new rules are coming into force on the 6th April 2021.  These change the rules so that…

SERVICE OF THE CLAIM FORM AND THE PARTICULARS OF CLAIM: AVOIDING THE PITFALLS: WEBINAR 11th FEBRUARY 2021

SERVICE OF THE CLAIM FORM AND THE PARTICULARS OF CLAIM: AVOIDING THE PITFALLS: WEBINAR 11th FEBRUARY 2021

February 3, 2021 · by gexall · in Avoiding negligence claims, Civil Procedure, Service of the claim form, Serving documents, Webinar

The problems that claimants face when serving the claim form are well documented on this blog.  I am presenting a webinar on the 11th February 2021 on identifying and avoiding the (many) pitfalls of service of the claim form and…

WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021

WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021

January 29, 2021 · by gexall · in Avoiding negligence claims, Limitation, Webinar

On the 4th February I am giving a webinar “Limitation Avoiding Problems and Pitfalls”. THE WEBINAR This webinar looks at the major problem areas in limitation for personal injury litigants. It identifies, and helps litigators avoid, all those difficult areas…

THE MISUSE OF WITNESS STATEMENTS: 2021 SHOWS THAT THE TREND CONTINUES: THREE CASES THAT ARE PROBABLY THE TIP OF AN ICEBERG

THE MISUSE OF WITNESS STATEMENTS: 2021 SHOWS THAT THE TREND CONTINUES: THREE CASES THAT ARE PROBABLY THE TIP OF AN ICEBERG

January 24, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Webinar, Witness statements

A search term that led to this blog earlier this week  was “witness of fact giving expert evidence”.  This, and changes coming into force in the Business and Property Courts in March mean that this is a good time to…

INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29th JANUARY 2021

INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29th JANUARY 2021

December 3, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Insolvency, Webinar

There have been several features on this blog about the problems that insolvency causes to personal injury litigants. Both in terms of the claimant being bankrupt and also the difficulties in pursuing insolvent defendants.  These issues are looked at in…

THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 8th DECEMBER 2020

THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 8th DECEMBER 2020

October 5, 2020 · by gexall · in Civil Procedure, Fatal Accidents, Webinar

I am giving a webinar on the 8th December 2020.  I wanted to look at the particular issues facing a child claimant in a fatal accident case.   There are quite complex principles governing the losses involved.  Booking details are available…

BROKEN PROMISES: PROPRIETARY ESTOPPEL IN THE MODERN WORLD: ONLINE EVENT 15th OCTOBER 2020

BROKEN PROMISES: PROPRIETARY ESTOPPEL IN THE MODERN WORLD: ONLINE EVENT 15th OCTOBER 2020

October 4, 2020 · by gexall · in Civil evidence, Webinar

Several of my colleagues are taking place in this online event.  Proprietary estoppel has become important in recent years in relation the ownership and transfer of property. There are many recent cases relating to farming families in particular, they give…

THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES

THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES

September 18, 2020 · by gexall · in Damages, Fatal Accidents, Webinar

There is another amendment made to the Fatal Accidents  Act 1976 in relation to the people entitled to receive a bereavement award. This is quite technical, but could be important in a very limited class of cases. The amendment is…

CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020

CHILDREN AND PERSONAL INJURY LITIGATION: WEBINAR 5th OCTOBER 2020

September 11, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

This webinar looks at practical issues relating to children and personal injury litigation, including liability, damages and procedure. Details of how to book are available here.    This webinar looks at the practical implications of acting for children injured in…

FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION

September 3, 2020 · by gexall · in Fatal Accidents, Webinar

Normally at this time of year I get together with Hilary Wetherell to present a one day course on fatal accidents.  There are obvious difficulties with giving  lectures this year. We are instead  series of webinars on the key issues…

THE EMPLOYER’S DUTY OF CARE IN PERSONAL INJURY CASES: WEBINAR 24th SEPTEMBER 2020

THE EMPLOYER’S DUTY OF CARE IN PERSONAL INJURY CASES: WEBINAR 24th SEPTEMBER 2020

September 3, 2020 · by gexall · in Personal Injury, Webinar

On the 24th September 2020 I am presenting a webinar on the Employer’s Duty of Care in Personal Injury Cases. CONTENT Actions for breach of statutory duty were effectively curtailed by the Enterprise and Regulatory Reform Act 2013. It is…

TWO WEBINARS ON LOSS OF EARNINGS: RECENT CASES: OGDEN 8: CHILDREN: THE SELF EMPLOYED: SPORTSPEOPLE AND ENTERTAINERS

TWO WEBINARS ON LOSS OF EARNINGS: RECENT CASES: OGDEN 8: CHILDREN: THE SELF EMPLOYED: SPORTSPEOPLE AND ENTERTAINERS

September 1, 2020 · by gexall · in Damages, Personal Injury, Webinar

I am presenting two webinars on the specific issue of loss of earnings in personal injury claims.  The first, on the 9th September 2020, looks at recent cases, the impact of Ogden 8, claims for disability in the labour market…

"WHAT IS THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL" ? A SEARCH TERM THAT COMES UP FREQUENTLY

“WHAT IS THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL” ? A SEARCH TERM THAT COMES UP FREQUENTLY

August 21, 2020 · by gexall · in Statements of Case, Webinar

On the 3rd September 2020 I am presenting a webinar on Pleadings (Statements of Case) for Personal Injury Lawyers. One of the issues being looked at is drafting a defence. One of the regular search terms that lead to this…

CLAIMS FOR LOSS OF EARNINGS: RECENT CASES AND THE EFFECT OF OGDEN 8: WEBINAR 9th SEPTEMBER 2020

CLAIMS FOR LOSS OF EARNINGS: RECENT CASES AND THE EFFECT OF OGDEN 8: WEBINAR 9th SEPTEMBER 2020

August 3, 2020 · by gexall · in Damages, Personal Injury, Webinar

On the 9th September 2020 I am presenting a webinar on loss of earnings. This webinar  looks at recent cases in relation to loss of earnings, and what they can tell us about evidence and the judicial approach to these…

CLAIMS FOR MEDICAL EXPENSES, CARE AND WORK AROUND THE HOME: WEBINAR 23rd JULY 2020

CLAIMS FOR MEDICAL EXPENSES, CARE AND WORK AROUND THE HOME: WEBINAR 23rd JULY 2020

June 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

On the 23rd July 2020 I am conducting a webinar “Claims for Medical Expenses, Care and Work around the Home”.  This webinar looks at damages in relation to medical expenses and care. It covers the whole range of care claims,…

PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: LAW, PRACTICE AND THE KEY CASES

PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: LAW, PRACTICE AND THE KEY CASES

June 9, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Courses, Damages, Personal Injury, Webinar

On the 17th July 2020 I am presenting a webinar on periodical payments and provisional damages.   THE WEBINAR Periodical payments and provisional damages have been a part of the legal landscape for some time now. A knowledge of the…

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  • “BUILD IT AND WHO CARES IF THEY COME”: THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF “SCHOOL-GRADE WEB SKILLS”
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  • THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND…
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  • CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE - AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE
  • WITNESS STATEMENTS IN THE DOCK AGAIN: "DESPITE HAVING EXPRESSLY ADOPTED THE WITNESS STATEMENTS IN EVIDENCE IN CHIEF [HE] COULD NOT CONFIRM THAT IT REPRESENTED HIS EVIDENCE"
  • THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND...
  • AN APPLICATION THAT WAS "OPPORTUNISTIC AND WITHOUT MERIT": NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
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