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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 02
MAKING THREATS TO REPORT LAWYERS TO THEIR REGULATORY BODIES IS CAPABLE OF AMOUNTING TO CONTEMPT OF COURT:  MAKE THREATS AT YOUR OWN PERIL...

MAKING THREATS TO REPORT LAWYERS TO THEIR REGULATORY BODIES IS CAPABLE OF AMOUNTING TO CONTEMPT OF COURT: MAKE THREATS AT YOUR OWN PERIL…

February 2, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Committal proceedings, Members Content

We are looking at a case where a respondent to committal proceedings threatened to make regulatory and other complaints about the conduct of the claimant solicitors.  The judge held that such threats made in these circumstances are capable of amounting…

THE CURRENT IMPORTANCE OF PLEADINGS 52 : IF THE DEFENDANTS WERE PLEADING THAT INVIDIVIDUALS WERE INVOLVED IN POSITIVE DECEPTION THEN THAT SHOULD HAVE BEEN PLEADED

THE CURRENT IMPORTANCE OF PLEADINGS 52 : IF THE DEFENDANTS WERE PLEADING THAT INVIDIVIDUALS WERE INVOLVED IN POSITIVE DECEPTION THEN THAT SHOULD HAVE BEEN PLEADED

February 2, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content, Statements of Case

Here we have a case where the judge found that the defendants’ case was pleaded in such a way that it did not allow them to make specific allegations of deception about particular individuals.  If the defendants had a case…

MAZUR MATTERS 49: NEWS FROM CILEX ON LITIGATION PRACTICE RIGHTS: THERE MAY BE A SLIGHT CHANGE OF STANCE BY CILEX

MAZUR MATTERS 49: NEWS FROM CILEX ON LITIGATION PRACTICE RIGHTS: THERE MAY BE A SLIGHT CHANGE OF STANCE BY CILEX

February 2, 2026 · by gexall · in Applications, Civil Procedure, Members Content

One matter I continue to celebrate is when CILEx members announce that they have been granted Litigation Rights. I know that there are major questions as to whether they are necessary. However in the interim it is most probably prudent…

EXPERT WATCH 33: WHEN AN AN EXPERT RELIES ON THE FINDINGS OF A PREVIOUS EXPERT: THIS CAN LEAD TO DIFFICULTIES...

EXPERT WATCH 33: WHEN AN AN EXPERT RELIES ON THE FINDINGS OF A PREVIOUS EXPERT: THIS CAN LEAD TO DIFFICULTIES…

February 2, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

I am grateful to Jim Shepphard solicitor for sending me a copy of this report  part of which relates to to the assessment of expert evidence.  The claimant’s expert had a problem because their report was based, in part, on…

BACK TO BASICS MONDAY: APPLYING TO VARY A COSTS BUDGET: WHAT YOU NEED TO SHOW

BACK TO BASICS MONDAY: APPLYING TO VARY A COSTS BUDGET: WHAT YOU NEED TO SHOW

February 2, 2026 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Members Content

What does an applicant need to show if it wants to persuade the court to vary an existing costs budget? There was a helpful summary of the principles set out in a case we looked at last week. An application…

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Recent Posts

  • WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026
  • THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION
  • THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM
  • THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)
  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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