Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » March » 10
TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT HAD BEEN FLUSHED OUT AND WAS FUNDAMENTALLY DISHONEST: HIGH COURT ALLOWS APPEAL

TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT HAD BEEN FLUSHED OUT AND WAS FUNDAMENTALLY DISHONEST: HIGH COURT ALLOWS APPEAL

March 10, 2020 · by gexall · in Appeals, Civil evidence, Fundamental Dishonesty, Members Content, Witness statements

In Roberts v Kesson & Anor [2020] EWHC 521 (QB) Mr Justice Jay allowed a defendant’s appeal and held that the trial judge should have found the claimant to be fundamentally dishonest.   The fact that the claimant had been “flushed…

OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED

OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED

March 10, 2020 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions

For the second time in two days I am writing about a relief from sanctions case where the court took into account the merits of the underlying case.  Yesterday relief was refused because the court held that the case had…

THAT IMPORTANT DISTINCTION BETWEEN A "NON-ADMISSION" AND A DENIAL IN A DEFENCE:  THE KEY CASES CONSIDERED

THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED

March 10, 2020 · by gexall · in Appeals, Civil Procedure, Members Content, Statements of Case

The discussion yesterday of the decision in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB) gives rise to review  cases on pleading a defence, in particular the  important distinction between a “denial” and a “non-admission”. It is…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.3K other subscribers

Recent Posts

  • THE COURT HAS NO POWER TO EXTEND TIME FOR ISSUE WHEN A SOLICITOR WISHES TO CHALLENGE A SRA INTERVENTION (AND WHY IT IS ADVISABLE TO PUT ALL THE NECESSARY INFORMATION ON THE CLAIM FORM…)
  • EXPERT WATCH 47: AN EXPERT CANNOT OMIT MATTERS FROM THEIR REPORT ON THE BASIS THAT THEY COULD EXPLAIN THEM WHEN QUESTIONED: “THIS BELIED A FUNDAMENTAL MISUNDERSTANDING OF THE OBLIGATIONS UPON A CPR COMPLIANT REPORT”
  • COST BITES 387: THERE IS NO PRESUMPTION THAT THERE MUST BE A DETAILED ASSESSMENT WHERE A CASE LASTS MORE THAN ONE DAY: JUDGE SUMMARILY ASSESSES COSTS AFTER A THREE DAY HEARING
  • BACK TO BASICS MONDAY: THE RIGHT OF A DEFENDANT TO ASK FOR A CLAIM FORM TO BE SERVED: CPR 7.7 CONSIDERED
  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE…

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

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

 

Loading Comments...
 

You must be logged in to post a comment.