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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 12
MEMBER NEWS: A REMINDER OF MEMBER BENEFITS AND WHERE TO FIND THE DISCOUNT CODES: ESSENTIAL TOPICS COVERED IN WEBINARS THROUGHOUT THE YEAR

MEMBER NEWS: A REMINDER OF MEMBER BENEFITS AND WHERE TO FIND THE DISCOUNT CODES: ESSENTIAL TOPICS COVERED IN WEBINARS THROUGHOUT THE YEAR

February 12, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Expert evidence, Experts, Relief from sanctions, Webinar, Witness statements

A reminder that member subscribers have access to discounts on webinars being presented throughout the year.   The details of the webinars, the  discounts and how to find the discount codes are below.  The first webinar sets out the practical consequences…

THE CURRENT IMPORTANCE OF PLEADINGS 54: ALTHOUGH THE PARTICULARS WOULD NOT BE STRUCK OUT SOME WORDS NEED TO BE CHANGED: CHOOSE YOUR WORDS WITH CARE...

THE CURRENT IMPORTANCE OF PLEADINGS 54: ALTHOUGH THE PARTICULARS WOULD NOT BE STRUCK OUT SOME WORDS NEED TO BE CHANGED: CHOOSE YOUR WORDS WITH CARE…

February 12, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

We are returning to look at the case where the Master refused to strike out pleadings on the grounds that they were an abuse of process.  However it was also made clear that the use of certain words in the…

EXPERT WATCH 34: THE COURT REFUSES TO REPLACE A JOINTLY INSTRUCTED EXPERT BUT ALLOWS SOME OF THE PARTIES TO INSTRUCT THEIR OWN EXPERT

EXPERT WATCH 34: THE COURT REFUSES TO REPLACE A JOINTLY INSTRUCTED EXPERT BUT ALLOWS SOME OF THE PARTIES TO INSTRUCT THEIR OWN EXPERT

February 12, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

When it is appropriate for a court to replace a jointly instructed expert? That issue was considered in this case. The judge rejected the allegations made about the jointly instructed expert, however given that expert evidence was central to the…

WHEN PERMISSION  IS  (AND IS NOT) REQUIRED TO DISCONTINUE A CLAIM BROUGHT ON BEHALF OF MINORS: IT STILL HAS SERIOUS COSTS CONSEQUENCES THOUGH

WHEN PERMISSION IS (AND IS NOT) REQUIRED TO DISCONTINUE A CLAIM BROUGHT ON BEHALF OF MINORS: IT STILL HAS SERIOUS COSTS CONSEQUENCES THOUGH

February 12, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content

Here we are looking at an interesting issue relating to discontinuance.  In some circumstances a claim brought by a minor or protected party cannot be discontinued without the court’s permission; in other circumstances no permission is required. The distinction is…

PROVING THINGS 278: CLAIMANT FAILS TO PROVE THEIR CASE WHILST THE DEFENDANT FAILS TO PROVE FRAUD: MULTIPLE INCONSISTENCIES LEAD TO EVIDENCE NOT BEING ACCEPTED

PROVING THINGS 278: CLAIMANT FAILS TO PROVE THEIR CASE WHILST THE DEFENDANT FAILS TO PROVE FRAUD: MULTIPLE INCONSISTENCIES LEAD TO EVIDENCE NOT BEING ACCEPTED

February 12, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

Here we look at a judgment where the claimant failed to establish his case.   The defendant also failed to prove that the claimant was involved in a “staged crash”.  It shows how cumulative inconsistencies in a party’s evidence can lead…

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Recent Posts

  • THE COURT REFUSES DEFENDANT’S APPLICATION FOR AN ORDER THAT THE CLAIMANT’S SOLICITORS CEASE TO ACT FOR HER: THERE IS NO AUTOMATIC CONFLICT AND EVIDENCE IS REQUIRED
  • WITNESS EVIDENCE WEDNESDAY: DOUBLE HEARSAY IS STILL EVIDENCE: COURT OF APPEAL OVERTURNS BANKRUPTCY ORDER AFTER WITNESS EVIDENCE WAS WRONGLY DISCOUNTED
  • ANOTHER CASE ABOUT SETTLEMENT: “FULL AND FINAL SETTLEMENT” OF WHAT? THE IMPORTANCE OF KNOWING PRECISELY WHAT HAS BEEN SETTLED
  • HERE WE HAVE A CLAIMANT TAKING A LOT OF CHANCES IN RELATION TO COMPLIANCE AND PROCEDURE: BUT THEY LIVE TO FIGHT ANOTHER DAY
  • MORE HALLUCINATION POINTS TO WATCH: AI CAN SIMPLY MAKE THINGS UP (ANOTHER WARNING FROM THE COURTS): THE MATERIAL PRODUCED CAN BE “PLAUSIBLE BUT INACCURATE”

Top Posts

PROFESSIONAL NEGLIGENCE NEWS 6 : CLAIMANT FAILS TO PROVE SOLICITORS WERE NEGLIGENT IN ADVISING UPON SETTLEMENT (IN FACT IT FAILS TO PROVE A LOT OF OTHER MATTERS AS WELL...)
WHAT YOU SAY (OR DON'T SAY) IN A MEDIATION, AND AFTERWARDS, CAN BE OF CRITICAL IMPORTANCE: COURT SETS ASIDE A SETTLEMENT AGREEMENT AND ORDERS REPAYMENT
EXPERT WATCH 82: THE PROFOUND DANGERS OF AN EXPERT USING AI: "A SIGNIFICANT GAP BETWEEN THE VOICE AND OPINION OF THE EXPERT AND THE REPORT WHICH SHE HAS FILED”
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)

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