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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » November » 07
THE CURRENT IMPORTANCE OF PLEADINGS 36:  A "SCATTERGUN" APPROACH DOES NOT HELP THE CLAIMANTS' CASE (NOR DOES FAILING TO PLEAD KEY ASSERTIONS OF BREACH AND DAMAGES...)

THE CURRENT IMPORTANCE OF PLEADINGS 36: A “SCATTERGUN” APPROACH DOES NOT HELP THE CLAIMANTS’ CASE (NOR DOES FAILING TO PLEAD KEY ASSERTIONS OF BREACH AND DAMAGES…)

November 7, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

A “scattergun” approach is rarely wise in relation to allegations in pleadings.  Here, however we have a case where the judge found that there was both a scattergun approach and a failure to plead in relation to key matters of liability…

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 2: (MIS) CONDUCT IN THE ASSESSMENT PROCESS

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 2: (MIS) CONDUCT IN THE ASSESSMENT PROCESS

November 7, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Conduct, Costs, Members Content

Staying with the conference today.  Costs Judge Leonard gave an interesting talk on “conduct” in the assessment process which he, said was more accurately about “misconduct in the assessment process. (This was one of Judge Leonard’s slides. It highlights the…

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 1 : MAZUR ISSUES: WAS IT CORRECTLY DECIDED? WHY IT IS IMPORTANT THAT COST LAWYERS ARE REGULATED

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 1 : MAZUR ISSUES: WAS IT CORRECTLY DECIDED? WHY IT IS IMPORTANT THAT COST LAWYERS ARE REGULATED

November 7, 2025 · by gexall · in Civil Procedure, Costs, Members Content

Today I am writing directly from the Association of Costs Lawyers conference in London. Unsurprisingly the first two speakers considered Mazur.  This is a highly abbreviated version of their talks.  ANDREW ROY KC Andrew, kindly referring to this blog as…

MAZUR MATTERS 34: "LEGAL EXECUTIVES" AND THE RIGHT TO CONDUCT LITIGATION AN INTERESTING DISCUSSION PAPER FROM 2010: ANOTHER PIECE OF THE "HOW HAS THIS HAPPENED"? JIGSAW

MAZUR MATTERS 34: “LEGAL EXECUTIVES” AND THE RIGHT TO CONDUCT LITIGATION AN INTERESTING DISCUSSION PAPER FROM 2010: ANOTHER PIECE OF THE “HOW HAS THIS HAPPENED”? JIGSAW

November 7, 2025 · by gexall · in Civil Procedure, Conduct, Members Content

We have, in the past few months, been addressing issues that arise from a statute passed some 18 years ago. The issues in relation to the obligation of solicitors and authorised persons (and only solicitors and authorised persons) to conduct litigation…

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Recent Posts

  • THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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