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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CITING FALSE CASES TO THE COURT 3: THE PROBLEMS, THE GUIDANCE AND THE PENALTIES: PERVERTING THE COURSE OF JUSTICE HAS A MAXIMUM SENTENCE OF LIFE IMPRISONMENT...

CITING FALSE CASES TO THE COURT 3: THE PROBLEMS, THE GUIDANCE AND THE PENALTIES: PERVERTING THE COURSE OF JUSTICE HAS A MAXIMUM SENTENCE OF LIFE IMPRISONMENT…

June 6, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

We are returning to (and not for the last time) to the Divisional Court judgment in relation to the citation of false authorities due to the use of Artificial Intelligence. The Court reviews the dangers, the guidance and the sanctions…

CITING FALSE CASES TO THE COURT 2: A LAWYER IS NOT ENTITLED TO RELY ON THEIR LAY CLIENT FOR THE ACCURACY OF CITATIONS OF AUTHORITY

CITING FALSE CASES TO THE COURT 2: A LAWYER IS NOT ENTITLED TO RELY ON THEIR LAY CLIENT FOR THE ACCURACY OF CITATIONS OF AUTHORITY

June 6, 2025 · by gexall · in Applications, Civil Procedure, Committal proceedings, Conduct, Members Content

We are continuing with the examination of the Court’s judgment in relation to cases where false authorities have been cited as a result of a reliance on false authorities, generated by artificial intelligence.   Here we have a case where the…

CITING "FALSE" CASES TO THE COURT 1:  JUDGMENT  ON THE CONTEMPT OF COURT HEARINGS 1: THE CASE OF AYINDE

CITING “FALSE” CASES TO THE COURT 1: JUDGMENT ON THE CONTEMPT OF COURT HEARINGS 1: THE CASE OF AYINDE

June 6, 2025 · by gexall · in Civil evidence, Civil Procedure, Committal proceedings, Conduct, Members Content

This blog has already considered the case of Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) on several occasions. False (presumably AI generated) authorities were put before the court.  That case,…

"THIS PRELIMINARY ISSUE TRIAL IS NOT A REHEARSAL": THE DIFFICULTIES A CLAIMANT HAS IN A CLAIM UNDER THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010

“THIS PRELIMINARY ISSUE TRIAL IS NOT A REHEARSAL”: THE DIFFICULTIES A CLAIMANT HAS IN A CLAIM UNDER THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010

June 6, 2025 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

Here we look at a case where the claimant suggested that a preliminary issue trial be adjourned.  The court was firm in its rejection of that suggestion.  The judge stated that the trial “is not a rehearsal” and that if…

PROVING THINGS 262: CLAIMANTS DID NOT HAVE THE EVIDENCE AT TRIAL TO PROVE THE DAMAGES SOUGHT: AN EXHAUSTING JOB

PROVING THINGS 262: CLAIMANTS DID NOT HAVE THE EVIDENCE AT TRIAL TO PROVE THE DAMAGES SOUGHT: AN EXHAUSTING JOB

June 6, 2025 · by gexall · in Civil evidence, Damages, Members Content, Witness statements

This series may well be misnamed. A more apt description may well be “not proving things”.  That is what we are considering in looking at the case today.  There was a lengthy trial with a substantial claim for damages. The…

THE CURRENT IMPORTANCE OF PLEADINGS 15: THE CLAIMANT HAD NOT PLEADED AN ISSUE SHE WANTED TO RELY ON AT TRIAL: THE ISSUE WAS "NOT PURSUED"

THE CURRENT IMPORTANCE OF PLEADINGS 15: THE CLAIMANT HAD NOT PLEADED AN ISSUE SHE WANTED TO RELY ON AT TRIAL: THE ISSUE WAS “NOT PURSUED”

June 6, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Statements of Case

This series is giving rise to more cases than I initially thought.  Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that…

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