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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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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,…

SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A "SEASON TICKET"

SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”

March 13, 2025 · by gexall · in Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages.  The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here.  …

SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER 2025: WEBINAR 12th MARCH 2025

SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER 2025: WEBINAR 12th MARCH 2025

March 6, 2025 · by gexall · in Civil evidence, Members Content, Webinar

Few lawyers can afford to ignore the effect of social media, both in relation to their cases and their practice generally.  In some cases social media entries can affect the outcome of trials. There are specific duties placed upon lawyers…

AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME "INTERESTING" ISSUES: EXPERTS BEHAVING BADLY

AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME “INTERESTING” ISSUES: EXPERTS BEHAVING BADLY

February 25, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content, Webinar

This webinar deals, among other things, with three cases where solicitors have been struck off the Roll because of their conduct with expert witnesses. In one of those cases the solicitor also went to prison. The Court of Appeal held…

A WITNESS STATEMENT IS FOR EVIDENCE AND NOT SUBMISSIONS (SOMETHING THIS BLOG HAS OBSERVED MANY TIMES IN THE PAST...)

A WITNESS STATEMENT IS FOR EVIDENCE AND NOT SUBMISSIONS (SOMETHING THIS BLOG HAS OBSERVED MANY TIMES IN THE PAST…)

February 24, 2025 · by gexall · in Applications, Members Content, Witness statements

We are returning to the judgment of Senior Master Cook in  Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB).  The Master observed that the witness evidence served in support of the claimant’s application went…

AVOIDING PITFALLS WITH WITNESS STATEMENTS - HOW TO DRAFT AN EFFECTIVE WITNESS STATEMENT: WEBINAR 26th FEBRUARY 2025

AVOIDING PITFALLS WITH WITNESS STATEMENTS – HOW TO DRAFT AN EFFECTIVE WITNESS STATEMENT: WEBINAR 26th FEBRUARY 2025

February 21, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Members Content, Witness statements

Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar is designed to help practitioners avoid the major…

THE PROPOSED CHANGES TO THE LAW OF LIMITATION AND CHILD SEXUAL ABUSE: DOES THIS GIVE RISE TO A PRACTICAL PROBLEM FOR PRACTITIONERS AND VICTIMS?

THE PROPOSED CHANGES TO THE LAW OF LIMITATION AND CHILD SEXUAL ABUSE: DOES THIS GIVE RISE TO A PRACTICAL PROBLEM FOR PRACTITIONERS AND VICTIMS?

February 19, 2025 · by gexall · in Avoiding negligence claims, Limitation, Members Content, Personal Injury, Useful links, Webinar

In a webinar on limitation tomorrow I am considering, among many other issues, the government’s proposals on changes to limitation in child sexual abuse cases. In particular whether there is a practical dilemma for practitioners with actions that are pending. …

AVOIDING LIMITATION PROBLEMS AND MAKING AN EFFECTIVE SECTION 33 APPLICATION: WEBINAR 20th FEBRUARY 2025

AVOIDING LIMITATION PROBLEMS AND MAKING AN EFFECTIVE SECTION 33 APPLICATION: WEBINAR 20th FEBRUARY 2025

February 17, 2025 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Clinical Negligence, Limitation, Members Content, Personal Injury, Webinar

Limitation issues feature regularly on this blog and are a major reason for litigators being sued.  This webinar looks at the major problem areas in limitation for personal injury and clinical negligence litigators. It identifies, and helps litigators avoid, all…

AVOIDING PROCEDURAL ERRORS IN CIVIL LITIGATION (AND WHAT TO DO IF THINGS GO AWRY) : WEBINAR 17th FEBRUARY 2025

AVOIDING PROCEDURAL ERRORS IN CIVIL LITIGATION (AND WHAT TO DO IF THINGS GO AWRY) : WEBINAR 17th FEBRUARY 2025

February 12, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Clinical Negligence, Members Content, Relief from sanctions, Webinar, Witness statements

This webinar looks at common mistakes in personal injury litigation and recent cases where things have gone wrong. It then looks at how mistakes can be rectified and how to make an application for relief from sanctions.  Booking details are…

EXPERTS AT TRIAL: THE JUDGE PREFERS THE EXPERT WITH DIRECT PRACTICAL EXPERIENCE OF THE ISSUE BEING CONSIDERED

EXPERTS AT TRIAL: THE JUDGE PREFERS THE EXPERT WITH DIRECT PRACTICAL EXPERIENCE OF THE ISSUE BEING CONSIDERED

February 11, 2025 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

In Dobson v Chief Constable of Leicestershire Police [2025] EWHC 272 (KB) HHJ Bird (sitting as a High Court Judge) considered which expert should be accepted in the context of a case against the police.  He preferred the expert with…

WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL (CLINICAL NEGLIGENCE): WEBINAR 14th FEBRUARY 2025

WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL (CLINICAL NEGLIGENCE): WEBINAR 14th FEBRUARY 2025

February 10, 2025 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content, Webinar

Expert evidence plays a critical, often decisive, role in clinical negligence litigation. An ability to assess expert evidence is a key part of the litigator’s role.  This webinar looks at the rules and cases that govern the credibility of expert…

WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL (?) PERSONAL INJURY: WEBINAR 7th FEBRUARY 2025

WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL (?) PERSONAL INJURY: WEBINAR 7th FEBRUARY 2025

January 30, 2025 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content, Webinar

This blog regularly features cases where there have been issues, sometimes major problems, with expert evidence.  This webinar takes a close look at the factors that the courts take into account when considering which expert’s view should be accepted.  It…

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  • THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
  • THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

Archives

Blogroll

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Books

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  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
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  • The Civil Procedure Rules
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  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

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