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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 22
SUMMARY JUDGMENT ON SPECIFIC ISSUES: WHEN SHOULD A  "COMPELLING REASON" PREVENT JUDGMENT BEING GIVEN? (NOT HERE...)

SUMMARY JUDGMENT ON SPECIFIC ISSUES: WHEN SHOULD A “COMPELLING REASON” PREVENT JUDGMENT BEING GIVEN? (NOT HERE…)

January 22, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Personal Injury, Statements of Case, Summary judgment

One ground for resisting an application for summary judgment is that there is a “compelling reason why the case or issue should be disposed of at trial”.  It is unusual for the issue of a “compelling reason” to be considered,…

WHEN DOCUMENTS WERE CHANGED AFTER THE EVENT: "THEY ARE FALSE AND WERE INTENDED TO DEFLECT BLAME": SOME POINTS FOR LITIGATORS TO REMEMBER IF THEY WANT TO KEEP THEIR CASES ON AN EVEN KEEL...

WHEN DOCUMENTS WERE CHANGED AFTER THE EVENT: “THEY ARE FALSE AND WERE INTENDED TO DEFLECT BLAME”: SOME POINTS FOR LITIGATORS TO REMEMBER IF THEY WANT TO KEEP THEIR CASES ON AN EVEN KEEL…

January 22, 2026 · by gexall · in Civil Procedure, Members Content, Witness statements

Many the cases which consider and give guidance on witness credibility stress the importance of contemporary documents.  However what happens when the “contemporary” documents have been re-written after the event?  Litigations should be alive to that possibility. Here we look…

WHAT HAPPENS WHEN THE DEFENDANT IS NOT WORTH SUING? AN EFFECTIVE REMEDY AGAINST THE "MAN OF STRAW" IN PERSONAL INJURY CASES: A REMINDER TO LOOK AT YOUR OWN CLIENT'S HOME INSURANCE

WHAT HAPPENS WHEN THE DEFENDANT IS NOT WORTH SUING? AN EFFECTIVE REMEDY AGAINST THE “MAN OF STRAW” IN PERSONAL INJURY CASES: A REMINDER TO LOOK AT YOUR OWN CLIENT’S HOME INSURANCE

January 22, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Clinical Negligence, Enforcement, Members Content, Personal Injury

A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured.  In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all…

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