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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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THE CURRENT IMPORTANCE OF PLEADINGS 30: WHEN A LAWYER DEFENDANT TRIES TO ARGUE A POINT DIRECTLY CONTRADICTORY TO ITS PLEADED CASE: THIS "FLIES IN THE FACE OF THE PLEADED ADMISSION"

THE CURRENT IMPORTANCE OF PLEADINGS 30: WHEN A LAWYER DEFENDANT TRIES TO ARGUE A POINT DIRECTLY CONTRADICTORY TO ITS PLEADED CASE: THIS “FLIES IN THE FACE OF THE PLEADED ADMISSION”

August 20, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

We are continuing to look at the interesting inter-lawyer dispute considered in the previous post.  This time at the defendant’s pleaded case and its attempt to resile from a clear admission and put an alternative case in its place. (You…

PROVING THINGS 268: LAW FIRM DEFENDANT FAILS TO ADDUCE EVIDENCE TO PROVE ITS ASSERTIONS - IT WAS BOUND BY ITS OWN "BAD BARGAIN"

PROVING THINGS 268: LAW FIRM DEFENDANT FAILS TO ADDUCE EVIDENCE TO PROVE ITS ASSERTIONS – IT WAS BOUND BY ITS OWN “BAD BARGAIN”

August 20, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

Here we have an interesting dispute between two firms of lawyers.  The claimant sued the defendant under a contractual agreement following the transfer of files.  What is particularly interesting here is the judge’s observations on the lack of evidence brought…

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  • MAZUR MATTERS 6: FURTHER GUIDANCE FROM CILEX: "FIRMS WILL NEED TO SATISFY THEMSELVES THAT THEY ARE COMPLIANT WITH THE LAW"
  • MAZUR MATTERS 7: LINKS TO SOME USEFUL RESOURCES: SOME INTERESTING READING FOR THE WEEKEND...
  • PART 36: WHAT FACTORS ARE CONSIDERED AS TO INCREASED INTEREST WHEN A CLAIMANT BEATS ITS OWN OFFER? THE ISSUE CONSIDERED IN THE HIGH COURT
  • "A KEY TASK OF LITIGATION ADVOCACY IS TO HELP THE COURT TO SEE THE WOOD SAID TO BE CONSTITUTED BY THE TREES": OVERLENGTHY WRITTEN SUBMISSIONS: PERHAPS ADVOCATES SHOULD TURN OVER A NEW LEAF...
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