Gordon Exall
@civlittweet.bsky.social
📤 2492
📥 1002
📝 1072
Barrister, author, blogger. Guitar and mandolin player.
https://www.civillitigationbrief.com/
I’m at Lake Bled where (by chance) I came across an accordion festival. Yesterday they broke a world record with over 3000 accordion players all here - it must have been crowded - quite a squeeze apparently..
8 days ago
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Gordon Exall
Carole V. Bell
26 days ago
Play stupid games… this one will go down in history. A Family Feud at an Oregon Winery Turns to Vinegar Over A.I. Slop
www.nytimes.com/2026/04/17/u...
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A Family Feud at an Oregon Winery Turns to Vinegar Over A.I. Slop
https://www.nytimes.com/2026/04/17/us/oregon-winery-ai-legal-fight.html?unlocked_article_code=1.c1A.86bp.Rs8geRHTGzkH&smid=nytcore-ios-share
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Gordon Exall
Jess McCabe
27 days ago
Giles was such a good guy. He is going to be so missed.
www.insidehousing.co.uk/news/tribute...
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Tributes paid to lawyer described as ‘instrumental’ to Homes (Fitness for Human Habitation) Act 2018
Tributes have been paid to Giles Peaker, a leading housing sector lawyer who passed away last weekend.
https://www.insidehousing.co.uk/news/tributes-paid-to-lawyer-giles-peaker-who-was-instrumental-to-fitness-for-habitation-act-96771
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Gordon Exall
Judge WhoHe
28 days ago
“an improver of life, a force for good, a provider of imagination, determination, laughter (he was a witty lecturer) and information” So wonderfully and truly put. He will be very much missed.
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Gordon Exall
Jim Waterson
28 days ago
Giles was so generous with his time and so helpful when it came to explaining to journalists very clearly and with quotable precision exactly how a wrong un landlord was being a wrong un. But mostly I just remember thinking he was a really, really kind human who cared about the state of others.
add a skeleton here at some point
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www.civillitigationbrief.com/2026/04/20/a...
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A TRIBUTE TO GILES PEAKER: “NEARLY LEGAL” – AN EXTRAORDINARY MAN WITH EXTRAORDINARY TALENTS
I was distressed to read the news that the extraordinary talented Giles Peaker passed away last weekend. The news can be found on his blog “Nearly Legal” which includes tribute from hi…
https://www.civillitigationbrief.com/2026/04/20/a-tribute-to-giles-peaker-nearly-legal-an-extraordinary-man-with-extraordinary-talents/
28 days ago
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www.civillitigationbrief.com/2026/04/17/c...
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CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE
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,…
https://www.civillitigationbrief.com/2026/04/17/child-claimants-and-loss-of-earnings-claims-webinar-20th-april-2026-now-with-greatly-expanded-questionnaire/
30 days ago
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www.civillitigationbrief.com
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Civil Litigation Brief
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
https://www.civillitigationbrief.com/
about 1 month ago
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Gordon Exall
Judge Stephen Dillard
about 1 month ago
This editing tip I shared with a young lawyer at the other place received a positive response, so I thought I’d post it here too. I am sure
@bcdreyer.social
also has some excellent advice on catching typos.
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www.apil.org.uk/training/max...
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Maximising recovery in inter parties costs: The role of the fee earner
https://www.apil.org.uk/training/maximising-recovery-in-inter-parties-costs-the-role-of-the-fee-earner
about 1 month ago
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Gordon Exall
David Kluft
about 1 month ago
#LegalEthics
: If I get an order to show cause that asks whether I used
#AI
, can I refuse to respond because my legal research is work product? Two TN attorneys submitted briefs to the 6th Cir. with over two dozen fake citations and misrepresentations of the...(cont.)
lnkd.in/eEe55g8Y
#law
#lawsky
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events.zoom.us/ev/Ahv9RD-Xj...
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Mazur in the Court of Appeal: the implications for Practitioners
https://events.zoom.us/ev/Ahv9RD-XjNESdO5QtdOOuD53p7YAiQvH6t5BYy1x4lolW1wnaoqd~AstN_x9-nkXANSnFwa_Sa5-pf_Er3aFPqUkEGOzUgaFuasDydEpg4ak6NQ
about 2 months ago
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events.zoom.us/ev/AjQrdNj45...
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Mastering PD57AC –Getting Witness Statements Right in the Commercial Courts
https://events.zoom.us/ev/AjQrdNj45UpZdUBmAyAtTK1syMTxmsYzcmfiiJU0owlRTJihYaTN~Aup-pLceyXd9jWfRbGD20szSiQMxcVIpoPor_3eAWUF5-i9IgAfTtBleGA
about 2 months ago
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events.zoom.us/ev/AjQrdNj45...
PD57AC on witness statements is often breached (sometimes at great cost). This webinar includes practical guidance, checklists & draft letters to help you & your clients.
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Mastering PD57AC –Getting Witness Statements Right in the Commercial Courts
https://events.zoom.us/ev/AjQrdNj45UpZdUBmAyAtTK1syMTxmsYzcmfiiJU0owlRTJihYaTN~Aup-pLceyXd9jWfRbGD20szSiQMxcVIpoPor_3eAWUF5-i9IgAfTtBleGA
about 2 months ago
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Gordon Exall
Alison Harvey
about 2 months ago
At the prices they charge, prices which are draining local authority budgets, care homes should be amazing. Practice in the Court of Protection suggests they are not. This article seeks to follow the money to understand what is going wrong.
www.theguardian.com/society/2026...
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The great care home cash grab: how private equity turned vulnerable elderly people into human ATMs
When did care homes come to be seen as recession-proof investments? And who pays the price?
https://www.theguardian.com/society/2026/mar/28/the-great-care-home-cash-grab-how-private-equity-turned-vulnerable-elderly-people-into-human-atms
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Gordon Exall
2 months ago
Beautifully done. That’s the cross-examination of your dreams.
add a skeleton here at some point
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Gordon Exall
Judge Stephen Dillard
2 months 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/
2 months 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/
2 months ago
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Gordon Exall
Judge Stephen Dillard
2 months 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…
3 months 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
3 months ago
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Gordon Exall
Stephen Hardwick
3 months 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/
3 months 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/
3 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/
5 months ago
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Gordon Exall
Familoo (Lucy Reed)
5 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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Gordon Exall
Isabel Picornell
5 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/
5 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/
5 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/
5 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/
5 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/
6 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/
6 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/
6 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/
6 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
6 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/
6 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/
6 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/
6 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/
6 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/
6 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/
6 months ago
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How about this for freebie’s at the ACL conference? (Although I thought modern publishers discouraged footnotes…)
6 months ago
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Andrew Roy KC speaking on the problems caused by Mazur
6 months ago
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Setting up at the ACL conference today
6 months ago
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reposted by
Gordon Exall
David Kluft
6 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
6 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
6 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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