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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 05
MAZUR MATTERS 44: THE SRA STATES IT WILL TREAT "SYMPATHETICALLY" SELF-REPORTED INCIDENCES BASED ON MISTAKEN INTERPRETATION OF THE LAW

MAZUR MATTERS 44: THE SRA STATES IT WILL TREAT “SYMPATHETICALLY” SELF-REPORTED INCIDENCES BASED ON MISTAKEN INTERPRETATION OF THE LAW

December 5, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Members Content

The SRA updated its guidance on “Mazur and conducting litigation” today.  This includes its likely approach to reports of past errors.   The SRA states that it will look on such issues “sympathetically”.  After all practising lawyers were not the only…

REVISITING THE ISSUES: THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED

REVISITING THE ISSUES: THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED

December 5, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

The post earlier today about the significant difference between a non-admission and denial has led me to revisit previous posts on the case.  This post from 2020 which reviewed the case law on the distinction.  There are plenty of clear…

COST BITES 314: PERSONAL INJURY CLAIM SHOULD HAVE BEEN BROUGHT IN THE RTA PROTOCOL: CLAIMANT LIMITED TO FIXED COSTS

COST BITES 314: PERSONAL INJURY CLAIM SHOULD HAVE BEEN BROUGHT IN THE RTA PROTOCOL: CLAIMANT LIMITED TO FIXED COSTS

December 5, 2025 · by gexall · in Applications, Civil Procedure, Costs, Fixed Costs, Members Content, Personal Injury

This is the second case today that was sent in by a helpful reader.  I am grateful to Ben Millns from Kennedys  who has sent me a copy of this judgment. It relates to the question of whether a personal…

THE CURRENT IMPORTANCE OF PLEADINGS 42:  THE SIGNIFICANT DIFFERENCE BETWEEN A "NON-ADMISSION" AND A "DENIAL": DEFENDANT REFUSED PERMISSION TO RELY ON EXPERT EVIDENCE BECAUSE OF THE WAY IN WHICH THE CASE WAS PLEADED

THE CURRENT IMPORTANCE OF PLEADINGS 42: THE SIGNIFICANT DIFFERENCE BETWEEN A “NON-ADMISSION” AND A “DENIAL”: DEFENDANT REFUSED PERMISSION TO RELY ON EXPERT EVIDENCE BECAUSE OF THE WAY IN WHICH THE CASE WAS PLEADED

December 5, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Clinical Negligence, Expert evidence, Experts, Members Content, Personal Injury, Statements of Case

This is the first of two interesting cases today that have been sent in by readers. I am grateful to  Rebecca McVety of the Dental Law Partnership for sending me this judgment which deals with pleadings, in particular the very…

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  • WITNESS EVIDENCE WEDNESDAY: WHEN A LITIGATOR MAKES A STATEMENT ON BEHALF OF THEIR CLIENT: A USEFUL CHECKLIST ON THE SOURCE OF INFORMATION AND BELIEF
  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
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A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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