Gordon Exall
@civlittweet.bsky.social
📤 2487
📥 1002
📝 1059
Barrister, author, blogger. Guitar and mandolin player.
https://www.civillitigationbrief.com/
reposted by
Gordon Exall
9 days ago
Beautifully done. That’s the cross-examination of your dreams.
add a skeleton here at some point
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reposted by
Gordon Exall
Judge Stephen Dillard
10 days ago
ICYMI: My article in The Journal of Appellate Practice and Process—“Democratizing the Judiciary: Why Judges Should Engage ‘We the People’ Through Social-Media Platforms”—is now available online.
journals.librarypublishing.arizona.edu/appellate/ar...
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https://journals.librarypublishing.arizona.edu/appellate/article/10558/galley/9214/download/
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www.civillitigationbrief.com/2026/03/18/t...
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THE IMPORTANCE OF A SOLICITOR’S ESTIMATES IN RELATION TO COSTS: SOME EXAMPLES WHERE PROBLEMS HAVE OCCURRED (WITH A FINAL PLUG FOR THE WEBINAR ON THE 19th MARCH)
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 solici…
https://www.civillitigationbrief.com/2026/03/18/the-importance-of-a-solicitors-estimates-in-relation-to-costs-some-examples-where-problems-have-occurred-with-a-final-plug-for-the-webinar-on-the-19th-march/
9 days ago
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www.civillitigationbrief.com/2026/03/16/c...
Litigators often get in trouble and complained about for not giving proper costs estimates. This webinar looks at the cases, the rules and provides numerous checklists (for the lawyer and client) to try to ensure that problems do not occur.
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COSTS INFORMATION AND THE OMBUDSMAN 7: HEADING OFF PROBLEMS AT THE OUTSET: (WEBINAR THIS THURSDAY 19th MARCH 2026 – WITH LOTS OF CHECKLISTS)
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 …
https://www.civillitigationbrief.com/2026/03/16/costs-information-and-the-ombudsman-7-heading-off-problems-at-the-outset-webinar-this-thursday-19th-march-2026-with-losts-of-checklists/
11 days ago
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reposted by
Gordon Exall
Judge Stephen Dillard
23 days ago
“Show, don’t tell” is, in my view, a foundational principle of persuasive legal and judicial writing.
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In Yorkshire today we have a double rainbow - just to show we don’t do things by half…
27 days ago
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www.apil.org.uk/training/avo...
I’m adding a section on AI & the drafting of witness statements to this.
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Avoiding the pitfalls: Witness evidence
https://www.apil.org.uk/training/avoiding-the-pitfalls-witness-evidence
28 days ago
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reposted by
Gordon Exall
Stephen Hardwick
about 1 month ago
Today’s
#legalwriting
tip from the Ohio Supreme Court—don’t use any form of the verb “to believe” in any part of an affidavit when the affiant legally has to *know* that what they’re saying is true.
add a skeleton here at some point
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www.civillitigationbrief.com/2026/02/11/a...
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AVOIDING THE PITFALLS OF LIMITATION AND MAKING SECTION 33 APPLICATIONS: WEBINAR 20th FEBRUARY 2026 (MAKE SURE YOU’RE ON TIME…)
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 wit…
https://www.civillitigationbrief.com/2026/02/11/avoiding-the-pitfalls-of-limitation-and-making-section-33-applications-webinar-20th-february-2026-make-sure-youre-on-time/
about 1 month ago
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www.civillitigationbrief.com/2026/02/03/p...
Catch up on all the important developments on Part 36
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PART 36: RECENT DEVELOPMENTS AND PRACTICAL CONSEQUENCES: DETAILS OF THE WEBINAR ON THE 26th FEBRUARY 2025
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 appl…
https://www.civillitigationbrief.com/2026/02/03/part-36-cases-in-the-past-12-months-details-of-the-webinar-on-the-26th-february-2025-knowing-the-rules-and-how-they-operate/
about 2 months ago
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New Guideline Hourly Rates for solicitors, effective from yesterday
www.civillitigationbrief.com/2026/01/02/n...
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NEW YEAR: NEW GUIDELINE HOURLY RATES: SEE THE DETAILS HERE: EFFECTIVE FROM YESTERDAY
The new Guideline hourly rates were published yesterday. They take effect from 1st January 2026 (for anyone working). They have been updated using service producer price inflation (SPPI). …
https://www.civillitigationbrief.com/2026/01/02/new-year-new-guideline-hourly-rates-see-the-details-here-effective-from-yesterday/
3 months ago
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reposted by
Gordon Exall
Familoo (Lucy Reed)
3 months ago
This is awful. Please spread the word about this “payment into court” scam
add a skeleton here at some point
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reposted by
Gordon Exall
Isabel Picornell
3 months ago
My favourite opening line for a 2025 judgment. From
@civlittweet.bsky.social
excellent commentary.
#Language
and
#Law
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This is information that must be shared far and wide. Fraudsters pretending to be court enforcement agencies conning money out of vulnerable parties. (No paywall)
www.civillitigationbrief.com/2025/12/22/f...
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FRAUDSTERS OPERATING IN THE GUISE OF OFFICIAL COURT ENFORCEMENT STAFF: £45,549 LOST: A WARNING TO ALL DEFENDANTS AND JUDGMENT DEBTORS HERE
A judgment debtor is in a vulnerable position. There are companies out there taking advantage of that vulnerability by pretending to be official enforcement agencies and taking money off the debto…
https://www.civillitigationbrief.com/2025/12/22/fraudsters-operating-in-the-guise-of-official-court-enforcement-staff-45549-lost-a-warning-to-all-defendants-and-judgment-debtors-here/
3 months ago
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www.civillitigationbrief.com/2025/12/10/w...
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WITNESS EVIDENCE WEDNESDAY: DEFENDANT REFUSED PERMISSION TO RELY ON EVIDENCE SERVED (VERY LATE): “THE TIME IS NOW”
We have seen examples of witness evidence served late, sometimes very late. Here we see an example of witness evidence served five minutes before a hearing was due to start, and two months late. F…
https://www.civillitigationbrief.com/2025/12/10/witness-evidence-wednesday-defendants-refused-permission-to-rely-on-evidence-served-very-late-the-time-is-now/
4 months ago
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www.civillitigationbrief.com/2025/12/05/r...
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REVISITING THE ISSUES: THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED
The post earlier today about the significant difference between a non-admission and denial has led me to revisit previous posts on the case. This post from 2020 which reviewed the case law on the …
https://www.civillitigationbrief.com/2025/12/05/revisiting-the-issues-that-important-distinction-between-a-non-admission-and-a-denial-in-a-defence-the-key-cases-considered/
4 months ago
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www.civillitigationbrief.com/2025/12/05/m...
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MAZUR MATTERS 44: THE SRA STATES IT WILL TREAT “SYMPATHETICALLY” SELF-REPORTED INCIDENCES BASED ON MISTAKEN INTERPRETATION OF THE LAW
The SRA updated its guidance on “Mazur and conducting litigation” today. This includes its likely approach to reports of past errors. The SRA states that it will look on such issues …
https://www.civillitigationbrief.com/2025/12/05/mazur-matters-44-the-sra-states-it-will-treat-sympathetically-self-reported-incidences-based-on-mistaken-interpretation-of-the-law/
4 months ago
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www.civillitigationbrief.com/2025/11/28/m...
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MAZUR COMPLIANT SUPERVISION AND COST EFFECTIVE DELEGATION IN 2025: WEBINAR 5th DECEMBER 2025: “TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT”
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 …
https://www.civillitigationbrief.com/2025/11/28/mazur-compliant-supervision-and-cost-effective-delegation-in-2025-webinar-5th-december-2025-tasks-may-be-delegated-but-conduct-of-the-litigation-may-not/
4 months ago
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www.civillitigationbrief.com/2025/12/03/a...
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ANOTHER “HALLUCINATED” AUTHORITIES CASE: A FALSE CITATION AUTHORED OR REVIEWED BY A LAWYER WITHOUT ATTRIBUTION CAN STILL BE SUBJECT TO REFERENCE FOR MISCONDUCT OR CONTEMPT
The citation of “false” authorities shocked me (and many others) when the cases first started. Now it feels as if they are becoming a commonplace occurrence. They are, however, just a…
https://www.civillitigationbrief.com/2025/12/03/another-hallucinated-authorities-case-a-false-citation-authored-or-reviewed-by-a-lawyer-without-attribution-can-still-be-subject-to-reference-for-misconduct-or-contempt/
4 months ago
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www.civillitigationbrief.com/2025/11/30/l...
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LOOKING FOR A LITIGATION TEAM? THERE IS A WHOLE TEAM AVAILABLE HERE AND NOW…
It is always sad to read of firm’s closing. Not least because this has profound consequences for those working there. I saw this post yesterday on LinkedIn. I have Daniel’s permission…
https://www.civillitigationbrief.com/2025/11/30/looking-for-a-litigation-team-there-is-a-whole-team-available-here-and-now/
4 months ago
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www.civillitigationbrief.com/2025/11/24/c...
Allegations of contributory negligence & accidents at work are subject to particular legal principles. The practical implications of these are considered in this webinar.
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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
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 inju…
https://www.civillitigationbrief.com/2025/11/24/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/
4 months ago
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www.apil.org.uk/training/con...
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Contributory negligence and accidents at work - Not every risky act is contributory negligence
https://www.apil.org.uk/training/contributory-negligence-and-accidents-at-work-not-every-risky-act-is-contributory-negligence
4 months ago
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Webinar on contributory negligence in road traffic cases tomorrow. If you miss it, and it becomes important, it will be partly your own fault...
www.civillitigationbrief.com/2025/11/18/c...
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CONTRIBUTORY NEGLIGENCE IN ROAD TRAFFIC CASES: DO ALL ROADS LEAD TO FROOM? WEBINAR 19th NOVEMBER 2025
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 de…
https://www.civillitigationbrief.com/2025/11/18/contributory-negligence-in-road-traffic-cases-do-all-roads-lead-to-froom-webinar-19th-november-2025/
4 months ago
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www.civillitigationbrief.com/2025/11/12/e...
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EXPERTS IN THE COURTS IN 2025: THE CASES (AND THE LESSONS) CONSIDERED IN A WEBINAR ON THE 20th NOVEMBER 2025
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. T…
https://www.civillitigationbrief.com/2025/11/12/experts-in-the-courts-in-2025-the-cases-and-the-lessons-considered-in-a-webinar-on-the-20th-november-2025/
4 months ago
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www.civillitigationbrief.com/2025/11/13/c...
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CONTRIBUTORY NEGLIGENCE: A SERIES OF THREE WEBINARS THAT LOOK AT THE LAW AND PRACTICE IN DETAIL
Contributory negligence is one of the “Cinderella” subjects of legal practice. It is often alleged and often conceded. However the underlying principles that the courts apply are rare…
https://www.civillitigationbrief.com/2025/11/13/contributory-negligence-a-series-of-three-webinars-that-look-at-the-law-and-practice-in-detail/
4 months ago
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www.civillitigationbrief.com/2025/11/14/c...
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CONTRIBUTORY NEGLIGENCE: THE LAW, PRACTICE AND SPECIAL CASES: WEBINAR 17th NOVEMBER 2025
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…
https://www.civillitigationbrief.com/2025/11/14/contributory-negligence-the-law-practice-and-special-cases-webinar-17th-november-2025/
4 months ago
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www.civillitigationbrief.com/2025/11/12/w...
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WITNESS EVIDENCE WEDNESDAY: “MISLEADING AND UNTRUE STATEMENTS… HAVE BEEN MADE TO THE COURT ON BEHALF OF THE CHIEF CONSTABLE (COURT OF APPEAL ARE NOT HAPPY…)
This week we are looking at a remarkable case. Shortly before a matter was due to be heard in the Court of Appeal the respondent (the Chief Constable of a police force) filed documents which showe…
https://www.civillitigationbrief.com/2025/11/12/witness-evidence-wednesday-misleading-and-untrue-statements-have-been-made-to-the-court-on-behalf-of-the-chief-constable-court-of-appeal-are-not-happy/
5 months ago
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www.civillitigationbrief.com/2025/11/11/d...
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DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025
This year has see more than its fair share of cases relating to default, sanctions and wasted costs. Knowing what those cases are, the problems that arose, how they were caused and the results are …
https://www.civillitigationbrief.com/2025/11/11/default-and-sanctions-cases-in-the-courts-in-2025-webinar-12th-november-2025/
5 months ago
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How about this for freebie’s at the ACL conference? (Although I thought modern publishers discouraged footnotes…)
5 months ago
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Andrew Roy KC speaking on the problems caused by Mazur
5 months ago
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Setting up at the ACL conference today
5 months ago
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reposted by
Gordon Exall
David Kluft
5 months ago
... generative AI.” The judge sanctioned the lawyer for violating Bankruptcy Rule 9011 (for legal contentions not warranted by existing law). The sanctions consisted of attorneys’ fees, mandatory CLE, and referral to disciplinary counsel. No sanctions mentioned for the client.
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reposted by
Gordon Exall
David Kluft
5 months ago
... the lawyer admitted that his client (a former paralegal) did the legal research for him, that he didn’t check all the cases, and that he didn’t know whether or not the client used
#artificialintelligence
. The judge put the client up on the stand and she admitted she used “some form of ...(cont.)
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reposted by
Gordon Exall
David Kluft
5 months ago
#LegalEthics
Tidbit: Can I save time by using the
#AI
legal research my non-lawyer client gave me? A TX lawyer in a bankruptcy matter submitted a brief to the court with over thirty false or incorrect citations. When questioned about it by the judge ... (cont.)
lnkd.in/eBvFb9bw
#lawsky
#law
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www.civillitigationbrief.com/2025/11/05/d...
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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…
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 2…
https://www.civillitigationbrief.com/2025/11/05/default-and-sanctions-cases-in-the-courts-in-2025-webinar-12th-november-2025-looking-at-mistakes-in-litigation-to-avoid-repeats-next-year/
5 months ago
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LSB grants CILEX application for members to be granted stand alone Litigation Rights.
www.civillitigationbrief.com/2025/11/03/m...
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MAZUR MATTERS 30: BREAKING NEWS: LEGAL SERVICES BOARD GRANTS CILEX’S APPLICATION FOR STAND ALONE LITIGATION RIGHTS
The Legal Services Board has today approved an application from CILEx Regulation to allow legal executives to obtain standalone litigation practice rights. Here we have the announcement and the De…
https://www.civillitigationbrief.com/2025/11/03/mazur-matters-30-breaking-news-legal-services-board-grants-cilexs-application-for-stand-alone-litigation-rights/
5 months ago
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www.civillitigationbrief.com/2025/10/31/a...
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AS IT STARTS TO GET DARK: LAWYERS HALLOWEEN STORIES: DIGGING UP THE PAST…
Way back in the mists of antiquity (2017) I invited lawyers on Twitter (Now “X”) to share their views on what scares the legal profession most. The first post came from Megan Boyd (bas…
https://www.civillitigationbrief.com/2025/10/31/as-it-starts-to-get-dark-lawyers-halloween-stories-digging-up-the-past/
5 months ago
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reposted by
Gordon Exall
Hetan Shah
5 months ago
Government has published one of those quiet but important documents that might get overlooked as it is not 'newsy'. The headline finding is that £1 of public R&D investment generates £8 in net economic benefits for the UK over the long term
www.gov.uk/government/p...
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The value of public R&D
https://www.gov.uk/government/publications/the-value-of-public-rd/the-value-of-public-rd
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reposted by
Gordon Exall
Atlas Mugged (N95 Wearer 😷)✊🏿🏳️🌈 🏳️⚧️
5 months ago
"A French data scientist and lawyer, Damien Charlotin, has catalogued at least 490 court filings in the past six months that contained “hallucinations,” which are AI responses that contain false or misleading information. The pace is accelerating as more people use AI, he said.
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Mistake-filled legal briefs show the limits of relying on AI tools at work
Judges around the world are seeing error-riddled legal briefs that were generated with the help of artificial intelligence.
https://apnews.com/article/artificial-intelligence-tools-work-errors-skills-fddcd0a5c86c20a4748dc65ba38f77fa
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First report of a case where Mazur had an impact on costs. £3,000 reduced to £500
www.civillitigationbrief.com/2025/10/30/m...
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MAZUR MATTERS 27: TWO MORE USEFUL LINKS: A USEFUL GUIDE FROM INSURERS: PLUS THE FIRST “REAL WORLD” CASE WHERE MAZUR HAS LED TO A SUBSTANTIAL REDUCTION IN COSTS
The commentary on Mazur continues. Here I want to look at two useful links. The first relates to guidance given by an insurer. The second relates to the first report (I have seen) on Mazur having …
https://www.civillitigationbrief.com/2025/10/30/mazur-matters-27-two-more-useful-links-a-useful-guide-from-insurers-plus-the-first-real-world-case-where-mazur-has-led-to-a-substantial-reduction-in-costs/
5 months ago
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www.civillitigationbrief.com/2025/10/28/l...
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LITIGATORS: SLEEP LIKE A BABY NEXT YEAR BY NOT REPEATING ALL THE CLAIM FORM MISTAKES PEOPLE HAVE MADE THIS YEAR: WEBINAR 5th NOVEMBER 2025
Needless to say there have been plenty of cases this year relating to service (or mis-service) of the claim form. This webinar looks at cases over the past 12 months with the primary aim of ensuri…
https://www.civillitigationbrief.com/2025/10/28/litigators-sleep-like-a-baby-next-year-by-not-repeating-all-the-claim-form-mistakes-people-have-made-this-year-webinar-5th-november-2025/
5 months ago
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www.civillitigationbrief.com/2025/10/27/l...
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LIGHT IN ALL THE HEAT: ENSURING THAT AN AUTHORISED PERSON HAS “CONDUCT OF LITIGATION”: A PRACTICAL GUIDE: WEBINAR 31st OCTOBER 2025
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…
https://www.civillitigationbrief.com/2025/10/27/light-in-all-the-heat-ensuring-that-an-authorised-person-has-conduct-of-litigation-a-practical-guide-webinar-31st-october-2025/
5 months ago
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www.civillitigationbrief.com/2025/10/24/o...
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OCCUPIER’S LIABILITY CASES IN THE COURTS: A PRACTICAL APPROACH: WEBINAR 29th OCTOBER 2025
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 determi…
https://www.civillitigationbrief.com/2025/10/24/occupiers-liability-cases-in-the-courts-a-practical-approach-webinar-29th-october-2025/
5 months ago
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reposted by
Gordon Exall
Tripe Marketing Board
5 months ago
WORLD TRIPE DAY - October 24, 2025 -
share.google/Kik3jziIdMoC...
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World Tripe Day
Want to celebrate World Tripe Day deliciously? Look no further! We’ve come up with all the information you need.
https://share.google/Kik3jziIdMoCi5L1W
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www.civillitigationbrief.com/2025/10/23/c...
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COST BITES 299: PUTTING FORWARD A OVER-LARGE BILL IN NEGOTATIONS ON COSTS: SHOULD THIS LEAD TO THE BILL BEING REDUCED BY 75%?
It is not unusual for a receiving party to make an offer on costs before detailed assessment proceedings begin, indeed this is a normal practice. Here the court considered the question of whether s…
https://www.civillitigationbrief.com/2025/10/23/cost-bites-299-putting-forward-a-over-large-bill-in-negotations-on-costs-should-this-lead-to-the-bill-being-reduced-by-75/
5 months ago
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www.civillitigationbrief.com/2025/10/17/a...
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ADVOCACY IN THE CIVIL COURTS 2025: WEBINAR 23rd OCTOBER 2025
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 fe…
https://www.civillitigationbrief.com/2025/10/17/advocacy-in-the-civil-courts-2025-webinar-23rd-october-2025/
5 months ago
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www.civillitigationbrief.com/2025/10/15/f...
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FACT FINDING FOR CIVIL LAWYERS: WEBINAR 22nd OCTOBER 2025: SOME IMPORTANT ISSUES OF INTEREST TO ALL LITIGATORS
There is surprisingly little guidance for lawyers on the process by which judges approach the issue of fact finding and witness credibility. However a detailed working knowledge of this is essenti…
https://www.civillitigationbrief.com/2025/10/15/fact-finding-for-civil-lawyers-webinar-22nd-october-2025/
5 months ago
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www.civillitigationbrief.com/2025/10/15/p...
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PART 36 CASE OF THE DAY (1): WAS THE OFFER A VALID OFFER? TWO FIELDS, THREE TRACTORS AND £20,000 CAUSED A FURROW IN THE DEFENDANT’S BROWS
Here we are looking at an argument as to whether a Part 36 offer, slightly unusual in form, was a valid Part 36 offer. Later posts will examine many of the other issues relating to costs that were…
https://www.civillitigationbrief.com/2025/10/15/part-36-case-of-the-day-1-was-the-offer-a-valid-offer-two-fields-three-tractors-and-20000-caused-a-furrow-in-the-defendants-brows/
5 months ago
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www.civillitigationbrief.com/2025/10/15/p...
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PART 36 CASE OF THE DAY (2): SHOULD THE NORMAL CONSEQUENCES OF A FAILURE TO BEAT A PART 36 OFFER APPLY? INTERESTING ISSUES OR ISSUES ON INTEREST?
We continue looking at a High Court decision with some interesting issues in relation to the making of Part 36 offers and the consequences for a party if the offer is not beaten. Here we look at t…
https://www.civillitigationbrief.com/2025/10/15/part-36-case-of-the-day-2-should-the-normal-consequences-of-a-failure-to-beat-a-part-36-offer-apply-interesting-issues-or-issues-on-interest/
5 months ago
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www.civillitigationbrief.com/2025/10/15/f...
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FACT FINDING FOR CIVIL LAWYERS: WEBINAR 22nd OCTOBER 2025: SOME IMPORTANT ISSUES OF INTEREST TO ALL LITIGATORS
There is surprisingly little guidance for lawyers on the process by which judges approach the issue of fact finding and witness credibility. However a detailed working knowledge of this is essenti…
https://www.civillitigationbrief.com/2025/10/15/fact-finding-for-civil-lawyers-webinar-22nd-october-2025/
5 months ago
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