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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 19
MAZUR MATTERS 45: COURT OF APPEAL TO HEAR THE APPEAL ON 24th FEBRUARY 2026

MAZUR MATTERS 45: COURT OF APPEAL TO HEAR THE APPEAL ON 24th FEBRUARY 2026

December 19, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content

The Court of Appeal is to hear the appear in the Mazur decision on the 24th February.  Here we re-visit the arguments that the Law Society and the SRA put forward at first instance. It will be interesting to see…

WHEN THE WITNESS STATEMENT OF THE DEFENDANT CONTAINS PASSAGES THAT ARE CUT AND PASTED FROM AN EXPERT'S REPORT: SOMEONE MAY NOTICE THIS...

WHEN THE WITNESS STATEMENT OF THE DEFENDANT CONTAINS PASSAGES THAT ARE CUT AND PASTED FROM AN EXPERT’S REPORT: SOMEONE MAY NOTICE THIS…

December 19, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

It is clear that many judge’s approach witness statements with a degree of scepticism, regarding them more as a lawyer’s construct than the actual recollection of the witness.  In this case the defendant’s own witness statement included passages that were…

REVIEW OF THE YEAR 7: STATEMENTS OF CASE ON THIS BLOG: MATTERS OF THE PLEADING OBVIOUS

REVIEW OF THE YEAR 7: STATEMENTS OF CASE ON THIS BLOG: MATTERS OF THE PLEADING OBVIOUS

December 19, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

The “Current importance of Pleadings” series started in March of this year.  It is another one of those issues that has featured heavily throughout. Being able to focus on “pleading” issues in a particular series has been useful.  The problems…

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  • THE CURRENT IMPORTANCE OF PLEADINGS 88: ANOTHER CASE STRUCK OUT BECAUSE OF INADEQUATE PLEADINGS: “THE DEFENDANTS ARE ENTITLED TO KNOW THE CASE AGAINST THEM…”
  • THE CURRENT IMPORTANCE OF PLEADINGS 87: A CLAIM CAN BE STRUCK OUT ON AN ANALYSIS OF THE PLEADED CASE
  • EXPERT WATCH 64: LOOKING AT THE CONSEQUENCES OF AN EXPERT REPORTING BADLY
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ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

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