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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…

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