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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 15

“HALLUCINATIONS” IS NOT A GOOD WORD FOR FALSE CASES GENERATED BY AI: THIS JEOPARDISES THE RULE OF LAW: LESSONS FROM THE COURTS OF OREGON

December 15, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

The issue of the citation of false cases generated by Artificial Intelligence is, it is clear, an international one.  Here we have a decision from the Court of Appeals in the State of Oregon.  Among other things it challenges the…

COST BITES 318: PART 36 ISSUES: DOES AN AGREEMENT ON DAMAGES AFTER TRIAL MEAN THAT THE NORMAL PART 36 CONSEQUENCES DO NOT APPLY?

COST BITES 318: PART 36 ISSUES: DOES AN AGREEMENT ON DAMAGES AFTER TRIAL MEAN THAT THE NORMAL PART 36 CONSEQUENCES DO NOT APPLY?

December 15, 2025 · by gexall · in Civil Procedure, Costs, Members Content, Part 36

Do the normal Part 36 consequences apply when the parties agree damages and lodge a consent order after a trial on liability?  That is the issue considered by the High Court here. (Part 36 consequences apply – the writing is…

SUSPECTED HALLUCINATED QUOTATIONS IN A HIGH PROFILE JUDGMENT:  IF THIS IS CORRECT THEN A LINE HAS BEEN CROSSED...

SUSPECTED HALLUCINATED QUOTATIONS IN A HIGH PROFILE JUDGMENT: IF THIS IS CORRECT THEN A LINE HAS BEEN CROSSED…

December 15, 2025 · by gexall · in Members Content

Last Friday I wrote that one of the most worrying developments of the year was the growing trend of “hallucinated” cases being cited in court and appearing in judgments.  Now newspaper headlines contain details of a judicial judgment which may contain…

COST BITES 317: ANOTHER ROUND IN THE MEDICAL AGENCY FEES/BREAKDOWN BATTLE: THE AGENCY MUST PROVIDE A BREAKDOWN

December 15, 2025 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Expert evidence, Experts, Members Content

Here we have another case in the long-running battle over the disclosure of agency fees. I am grateful to Claire Kewin from Keoghs solicitors for sending me a copy of the judgment and for her summary of its practical implications…

REVIEW OF THE YEAR (3): CLAIM FORM ISSUES:  SERVICE AT THE "LAST KNOWN ADDRESS" AND THE CLAIMANT'S DUTIES

REVIEW OF THE YEAR (3): CLAIM FORM ISSUES: SERVICE AT THE “LAST KNOWN ADDRESS” AND THE CLAIMANT’S DUTIES

December 15, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

It may say something that the “Service Points” series started on August 14 this year and there are already 24 posts under that heading.  Claim form problems continue to be a prominent issues in the courts.  The series started because…

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Recent Posts

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  • THE DEFENDANT WAS OUT OF TIME FOR APPLYING FOR PERMISSION TO APPEAL: THE COURT DID NOT HAVE POWER AT THIS STAGE IN ANY EVENT
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  • IS AN APPLICATION VALID IF THE INCORRECT COURT FEE IS PAID? THE ISSUES CONSIDERED…
  • SERVICE POINTS 37 : IS SERVICE ON A P.0. BOX GOOD SERVICE? (OH – AND BY THE WAY – AS IT TURNS OUT – THE CLAIM FORM WAS NEVER, IN FACT, SERVED AT ALL): A BIT OF A SURPRISE FOR THE CLAIMANT AT THE APPEAL STAGE

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  • IS AN APPLICATION VALID IF THE INCORRECT COURT FEE IS PAID? THE ISSUES CONSIDERED...
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  • ACTION STRUCK OUT UNDER CPR 3.4(2)(c) FOR NON COMPLIANCE: DENTON PRINCIPLES APPLIED

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