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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

  • THROWBACK FRIDAY: GESTMIN GUIDANCE IN THE CONTEXT OF CLINICAL NEGLIGENCE CASES (WITH A CHANCE TO REMEMBER HH ALAN GORE K.C.) : JULY 2019
  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
  • ENFORCEMENT BULLETIN 4: THE COURT SETS ASIDE A MENTAL HEALTH CRISIS MORATORIA AND ALLOWS BANKRUPTCY PROCEEDINGS TO CONTINUE
  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS

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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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