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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » July » 29
THE CURRENT IMPORTANCE OF PLEADINGS 26: VERY LATE APPLICATION TO AMEND REFUSED: APPLICANTS, TO SOME EXTENT, HOIST ON THEIR OWN PETARD OF COMPLAINTS ABOUT THE TRIAL DATE BEING AT RISK...

THE CURRENT IMPORTANCE OF PLEADINGS 26: VERY LATE APPLICATION TO AMEND REFUSED: APPLICANTS, TO SOME EXTENT, HOIST ON THEIR OWN PETARD OF COMPLAINTS ABOUT THE TRIAL DATE BEING AT RISK…

July 29, 2025 · by gexall · in Amendment, Applications, Civil Procedure, Members Content

Here we look at a case where the court refused thee applicants’ application for permission to amend its particulars of claim.  There are many points of interest to litigators.  The application was made too late and, in any event, did…

AMENDMENTS TO ONLINE CIVIL MONEY CLAIMS PILOT COME INTO FORCE TODAY: PLUS AN IMPORTANT LETTER FROM HMCTS

AMENDMENTS TO ONLINE CIVIL MONEY CLAIMS PILOT COME INTO FORCE TODAY: PLUS AN IMPORTANT LETTER FROM HMCTS

July 29, 2025 · by gexall · in Civil Procedure, Mediation & ADR, Members Content, Rule Changes

The 187th Update Practice Direction Amendments come into force today.  These make changes to the Online Civil Claims Pilot.  These make important changes and should be read in conjunction with the letter from HMCTS dated 25th July 2025 which is…

NEW RULES COMING INTO FORCE ON THE 12TH SEPTEMBER 2025 AND THE 1ST OCTOBER 2025 (1): COSTS

NEW RULES COMING INTO FORCE ON THE 12TH SEPTEMBER 2025 AND THE 1ST OCTOBER 2025 (1): COSTS

July 29, 2025 · by gexall · in Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content, Summary assessment,

Here we look at the latest statutory instrument which makes changes to the rules.  We are starting by looking at the changes in relation to the rules relating to costs. These provisions come into force on the 1st October 2025….

EXPERT WATCH 2: THE EXPERT WHO REPORTED WITHOUT ALL THE RELEVANT EVIDENCE TO HAND AND THEN WOULD NOT RECOGNISE HE HAD MADE A MISTAKE

July 29, 2025 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Witness statements

Here we look at a case where an expert reported without having all the relevant evidence to hand. In fact he only saw the claimant’s witness statements a few days before the trial. This, added to other issues, led to…

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Recent Posts

  • DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL
  • WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
  • CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE…
  • THE CURRENT IMPORTANCE OF PLEADINGS 95: THE DEFENDANT’S ARGUMENT THAT THE JUDGE HAD AWARDED THE CLAIMANTS MORE THAN THEIR PLEADED CASE
  • EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE

Top Posts

COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"
PROPORTIONALITY IN LITIGATION (1): A TEN POINT GUIDE FOR CIVIL LITIGATORS: A REVIEW OF CASE LAW AND POSTS OVER THE PAST 13 YEARS
THE SRA CANNOT COMPEL A SOLICITOR TO DISCLOSE A CLIENT’S PRIVILEGED DOCUMENTS: THE FUNDAMENTAL IMPORTANCE OF LEGAL PROFESSIONAL PRIVILEGE

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