Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 12

CIVIL PROCEDURE BACK TO BASICS 107: THE IMPORTANCE OF PROVIDING A DRAFT ORDER WITH AN APPLICATION

December 12, 2025 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil Procedure, Members Content

One important aspect of civil procedure that is often overlooked is the importance of an applicant providing a draft order to the court.  As the case we are looking at shows this is not a mere formality.  A draft order…

COURT REFUSES CLAIMANTS’ APPLICATION THAT WITNESS BE ANONYMOUS

December 12, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

In this case the judge considered in detail the principles relating to a witness in a civil trial being granted anonymity.   The evidence in support of the application was found to be somewhat speculative.  There is, it was held, a…

WAS THIS AN ABUSE OF PROCESS/ABUSE OF PROCESS OR WERE PREVIOUS JUDICIAL OBSERVATIONS “OBITER DICTA”? AN IMPORTANT ISSUE CONSIDERED

December 12, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content

Most (hopefully all) law students learn about the difference between the ratio decidendi of a case and “obiter dictum”.  These important distinctions can have real world consequences.  We look at a judgment here where that was the major issue between the…

THE CURRENT IMPORTANCE OF PLEADINGS 44: COUNTERCLAIM WAS "INADEQUATELY PLEADED AND ABUSIVE": DEFENDANT FAILED TO PROPERLY PARTICULARISE ITS CASE

THE CURRENT IMPORTANCE OF PLEADINGS 44: COUNTERCLAIM WAS “INADEQUATELY PLEADED AND ABUSIVE”: DEFENDANT FAILED TO PROPERLY PARTICULARISE ITS CASE

December 12, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

This is a case where the judge agreed with a submission that the counterclaim was “inadequately pleaded and abusive”.  The judge held that there was no need to formally strike it out, it failed in any event.  There are lessons…

EXPERT WATCH 28: I CAN'T GIVE PERMISSION FOR AN EXPERT BECAUSE THIS IS SIMPLY NOT EXPERT EVIDENCE: FORENSIC ACCOUNTANT'S REPORT DOESN'T GET THE CREDIT IT DESERVES...

EXPERT WATCH 28: I CAN’T GIVE PERMISSION FOR AN EXPERT BECAUSE THIS IS SIMPLY NOT EXPERT EVIDENCE: FORENSIC ACCOUNTANT’S REPORT DOESN’T GET THE CREDIT IT DESERVES…

December 12, 2025 · by gexall · in Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

The judge here held that the report prepared by a forensic accountant was not, in fact, an expert’s report.  The report  well be helpful, but its contents did not come within the meaning of “expert evidence”.  Further insofar as the…

REVIEW OF THE YEAR (2) - THE WORST PART: "HALLUCINATED" CASES IN THE COURTS: HOW IS ARTIFICIAL INTELLIGENCE BEING HANDLED & WHAT DOES THE FUTURE HOLD FOR AI AND LAWYERS?

REVIEW OF THE YEAR (2) – THE WORST PART: “HALLUCINATED” CASES IN THE COURTS: HOW IS ARTIFICIAL INTELLIGENCE BEING HANDLED & WHAT DOES THE FUTURE HOLD FOR AI AND LAWYERS?

December 12, 2025 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

If I had to pick the most frightening development of the year it is the revelation that parts of the legal profession have been relying on “hallucinated” (that is false) cases they have “found” by using Artificial Intelligence.   Here we…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
  • ENFORCEMENT BULLETIN 4: THE COURT SETS ASIDE A MENTAL HEALTH CRISIS MORATORIA AND ALLOWS BANKRUPTCY PROCEEDINGS TO CONTINUE
  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
  • SERVICE POINTS 51: HIGH COURT REFUSES TO SET ASIDE AN ORDER ALLOWING SERVICE BY EMAIL ON THE DEFENDANT’S SOLICITORS

Top Posts

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION "UNRELIABLE"

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.