Gordon Exall

Personal Injury

Areas of Expertise

• Civil procedure, sanctions, costs, procedure, limitation and civil evidence. Gordon writes the well-received  Civil Litigation Brief, there are numerous articles and posts on all these matters which reflect his experience and practice.
• Personal injury damages, future losses and loss of earnings.  He has written the last three editions of the authoritative text, Munkman on damages for Personal Injury and Death.
• Civil disputes, damages, enforcement of judgments.
• Civil evidence, witness evidence and e-disclosure.
• Professional negligence, particularly arising out of problems with litigation.
• Extensive experience and knowledge in the area of fatal accidents, he is instructed by solicitors throughout the country. Gordon writes the APIL Guide to Fatal Accidents, the third edition of which was published in 2015.

Practice Summary

Gordon’s practice focuses on civil disputes, sanctions, personal injury and damages.  He has an enormous depth of knowledge, having appeared in numerous cases, written a number of books and lectured frequently in these areas of law.

Reported Cases

• Murray –v- BAE [2016] (successful appeal on relief from sanctions hearing where costs budget served late).
• Worthington –v- 03918424 Ltd [2015]  (costs after late acceptance of a Part 36 offer).
• Pykett –v- Clement [2011] EWCA Civ 2925 (issue of liability owed by overtaking driver causing substantial injuries).
• Re M (2011) (Lawtel) £4 million CICA award.
• Re S (2011) (Lawtel) £3.6 million CICA award.
• Motor Insurers Bureau –v- Shikhell [2011] EWHC 527 (QB)(Successful defence of witness in personal injury case alleged to have been in contempt of court)
• Hodinott –v- Persimmon Homes [2008] 1 WLR 806. (Appropriate procedure for challenging service of the claim form)
• O’Hara –v- McDougall [2005] All ER D 275 (service on tenant’s address not good service on landlord).
• Smith –v- Hughes [2003] 1 WLR 2441 (appropriate address for service for service of claim form).
• Lunnun –v- Singh [1999] All ER D 718 (effect on judgment on ability to defend claim for damages).

Notable Cases

• Junior Counsel in several cases relating to loss of career chances of professional footballers
• Numerous fatal accident cases representing widows, widowers and children.
• Advising and representing children and mothers in clinical negligence and cerebral palsy cases
• Representing mentally handicapped claimants on appeals to the CICA, several multi million pound awards
• Cases relating to procedural and limitation issues and problems arising out of the Civil Procedure Rules.

Publications

• Munkman on Damages for Personal Injury and Death (11th, 12th and 13th editions)
• Personal Injury Practice Notes (2nd, 3rd and 4th editions)
• The APIL Guide to Fatal Accidents (1st , 2nd & 3rd  editions
• Periodical Payments the New Law.
• Gordon was editor of Personal Injury Precedents (Sweet and Maxwell, looseleaf) and is author of the section on limitation for APIL Personal Injury looseleaf. Gordon also wrote the section on Service of the Claim Form and the Early Stages of Litigation in The Law Society's Litigation Handbook (2nd edition).
• Gordon also writes his own blogs 'Civil Litigation Brief' http://civillitigationbrief.wordpress.com/ , ‘Fatal Accident Law’ http://fatalaccidentlaw.wordpress.com/ and’ Accidents at Work after The Enterprise and Regulatory Reform  Act 2013’ http://accidentsatworkaftertheerra.wordpress.com/

Articles

Recent articles include:

• 'Do I want your opinion?' (June 2013) - Local Government Lawyer. Please click here to read the full article.
• 'Silence is not necessarily golden' (March 2013) - Local Government Lawyer. Please click here to read the article.
• 'The categories of dependants remain closed' (November 2012) - APIL PI Focus. Please click here to read the article.
• 'Fatal accidents and fatal errors' (April 2012) - APIL PI Focus. Please click here to read the article
• 'Fifty five years old and counting' (April 2012) - APIL PI Focus. Please click here to read the article.

Seminars

Gordon has lectured and broadcast widely on the issues of civil procedure and personal injury.  Recent webcasts include: “Drafting Witness Statements”; “Myths about limitation for personal injury lawyers.  Gordon has lectured on sanctions for the Law Society Civil Litigation Group and the Association of Costs Lawyers annual conference. He has lectured on procedure, limitation, witness statements, fatal accidents and accidents at work for Zenith Chambers. Gordon has lectured at the Association of Costs Lawyers annual conference; given the headline speech at the MASS annual meeting and chaired several national conferences on law and procedure and spoken at the PIBA annual conference.

Personal Information

In his spare time Gordon plays guitar and mandolin, he is involved in several bands, playing at charity events.