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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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  • AN INSURER’S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED…
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING “MIXED” SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO…)
  • WHEN A CASE – WEEKS AWAY FROM TRIAL WAS “UNTENABLE”: HOW DID WE GET HERE?
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS “UNTENABLE”: LESSONS HERE FOR EVERYONE

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  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)

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