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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » October » 29
THE CURRENT IMPORTANCE OF PLEADINGS 33: COURT OF APPEAL UPHOLDS STRIKING OUT OF SCHEDULE OF DAMAGES: "OVER-COMPLICATED", "UNCLEAR". "LACKING IN THE MOST BASIC INFORMATION NECESSARY" (OH AND MANY OF THE CLAIMS WERE UNPLEADED...)

THE CURRENT IMPORTANCE OF PLEADINGS 33: COURT OF APPEAL UPHOLDS STRIKING OUT OF SCHEDULE OF DAMAGES: “OVER-COMPLICATED”, “UNCLEAR”. “LACKING IN THE MOST BASIC INFORMATION NECESSARY” (OH AND MANY OF THE CLAIMS WERE UNPLEADED…)

October 29, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Damages, Members Content, Schedules, Striking out

It is rare for a schedule of damages to come under close scrutiny prior to the trial itself.   Here the Court of Appeal upheld a decision to strike out large parts of the appellants’ claim for damages.  Many of the…

TAKING A CASE TO THE WIRE: TIME LIMITS IN DOMESTIC VIOLENCE CASES: WHEN DOES TIME START TO RUN? WHY IS THIS RELEVANT TO YOU?

TAKING A CASE TO THE WIRE: TIME LIMITS IN DOMESTIC VIOLENCE CASES: WHEN DOES TIME START TO RUN? WHY IS THIS RELEVANT TO YOU?

October 29, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content

Here we are looking at a case where the issue of proceedings was left until the last day. There is nothing unusual in that on this blog. We are, however, looking at a criminal case, albeit a decision of the…

WITNESS EVIDENCE WEDNESDAY: HOW JUDGES DECIDE CIVIL CASES: "JUDGES ARE HUMAN. THEY DO NOT POSSESS SUPERNATURAL POWERS"

WITNESS EVIDENCE WEDNESDAY: HOW JUDGES DECIDE CIVIL CASES: “JUDGES ARE HUMAN. THEY DO NOT POSSESS SUPERNATURAL POWERS”

October 29, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

This week we are looking at a judgment that sets out in detail the process by which judges determine issues in a civil case. Ranging from the burden and standard of proof , the role of judges, the fallibility of…

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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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