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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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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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