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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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  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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