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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 04
CONSTRUING A COURT ORDER: WHAT DOES THE WORD "IMPECUNIOSITY" MEAN?  "IT DEPENDS" - THE ISSUE CONSIDERED ON APPEAL IN THE HIGH COURT

CONSTRUING A COURT ORDER: WHAT DOES THE WORD “IMPECUNIOSITY” MEAN? “IT DEPENDS” – THE ISSUE CONSIDERED ON APPEAL IN THE HIGH COURT

December 4, 2025 · by gexall · in Appeals, Civil Procedure, Members Content, Statements of Case

In this case the court made a court order which meant that the claimant was debarred from relying on issues relating to “impecuniosity” at trial.  The appeal was, in part, about what “impecuniosity” meant in that context. (It was reasonable…

THE CURRENT IMPORTANCE OF PLEADINGS 41: HAD THE DEFENDANT PROPERLY PARTICULARISED ALLEGATIONS OF FUNDAMENTAL DISHONESTY?

THE CURRENT IMPORTANCE OF PLEADINGS 41: HAD THE DEFENDANT PROPERLY PARTICULARISED ALLEGATIONS OF FUNDAMENTAL DISHONESTY?

December 4, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Fundamental Dishonesty, Members Content, Personal Injury, Statements of Case

A party alleging fraud or dishonesty cannot “ambush” their opponent at trial.  Fraud must be fully particularised and pleaded.  Do identical principles apply to allegations of fundamental dishonesty?   In this case the judge considered an argument that points in relation…

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