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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AND THEY KEEP ON COMING... ANOTHER FALSE CITATIONS CASE: "I RELIED ON THE AI OVERVIEW" FROM GOOGLE

AND THEY KEEP ON COMING… ANOTHER FALSE CITATIONS CASE: “I RELIED ON THE AI OVERVIEW” FROM GOOGLE

November 20, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Witness statements

The cases continue to come.  Some lawyers are continuing to rely upon artificial intelligence to produce false authorities.   Here was a firm of solicitors (defending themselves) who relied on the AI contents of a Google search.  Such searches are never…

THE CURRENT IMPORTANCE OF PLEADINGS 38: PARTICULARS OF CLAIM IN A £3,000,000 CLAIM STRUCK OUT:  THE COURT USES A "CARROT AND STICK" APPROACH TO DEFECTIVE PLEADINGS

THE CURRENT IMPORTANCE OF PLEADINGS 38: PARTICULARS OF CLAIM IN A £3,000,000 CLAIM STRUCK OUT: THE COURT USES A “CARROT AND STICK” APPROACH TO DEFECTIVE PLEADINGS

November 20, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case, Striking out

In this case the judge decided that the claimant’s pleaded case was so defective that the entire Particulars of Claim needed to be struck out.  It is a working example of how pleadings need to be compliant and cannot be…

ANOTHER FALSE  AND "HALLUCINATED" CITATION CASE: A SOLICITOR IS ACCOUNTABLE FOR WORK DONE BY THEIR STAFF: WASTED COSTS ORDER MADE

ANOTHER FALSE AND “HALLUCINATED” CITATION CASE: A SOLICITOR IS ACCOUNTABLE FOR WORK DONE BY THEIR STAFF: WASTED COSTS ORDER MADE

November 20, 2025 · by gexall · in Abuse of Process, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Wasted Costs

We have yet another case of “hallucinated” cases caused by artificial “intelligence” being cited in court.  These have the capacity to, and indeed do, land lawyers in very hot water.  Here false cases were put before the court in an…

SERVICE POINTS 23: THE COURT REFUSES TO RATIFY SERVICE OF THE CLAIM FORM BY EMAIL: "THE RESULTS ARE HARSH BUT THAT IS A NECESSARY CONSEQUENCE OF THE REGIME..."

SERVICE POINTS 23: THE COURT REFUSES TO RATIFY SERVICE OF THE CLAIM FORM BY EMAIL: “THE RESULTS ARE HARSH BUT THAT IS A NECESSARY CONSEQUENCE OF THE REGIME…”

November 20, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

We could, perhaps, run some kind of charity betting game on whether, and how many, cases there will be on service of the claim form between now and Christmas. The reason for not doing so it because it runs the…

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  • OPENING LINES TO START THE WEEK: "FOR CENTURIES, IT HAS BEEN RECOGNISED THAT HUMAN HEARING CAN BE DAMAGED BY EXPOSURE TO LOUD NOISE"
  • BACK TO BASICS MONDAY: WHEN YOU ARE SEEKING PERMISSION TO RELY ON EXPERT EVIDENCE THE COURT HAS TO KNOW HOW MUCH IT WILL ALL COST...
  • COST BITES 379: HIGH COURT JUDGE UPHOLDS DECISION THAT INTERIM BILLS WERE STATUTE BILLS AND THAT THE CLAIMANT COULD NOT SEEK ASSESSMENT OUT OF TIME
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  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 4: WHY IS PD57AC BREACHED SO OFTEN? "SOLICITORS MIGHT FEEL UNDER PRESSURE TO SIGN CERTIFICATES OF COMPLIANCE ... EVEN WHEN THEY KNOW THAT STATEMENTS WERE NOT COMPLIANT..."

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