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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CAN A DEFENDANT MAKE A PART 36 OFFER THAT ATTEMPTS TO BIND THE CLAIMANT IN RELATION TO MATTERS NOT PLEADED?

CAN A DEFENDANT MAKE A PART 36 OFFER THAT ATTEMPTS TO BIND THE CLAIMANT IN RELATION TO MATTERS NOT PLEADED?

March 11, 2026 · by gexall · in Civil evidence, Civil Procedure, Conduct, Costs, Members Content, Part 36

Here we have an interesting, and important, point about CPR Part 36. Firstly could a defendant establish that a claimant had not beaten a Part 36 offer when that offer dealt with matters that were not part of the pleaded…

COSTS INFORMATION AND THE OMBUDSMAN 4: GOING OUTSIDE THE LEVEL OF LEGAL INSURANCE COVER

COSTS INFORMATION AND THE OMBUDSMAN 4: GOING OUTSIDE THE LEVEL OF LEGAL INSURANCE COVER

March 11, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Members Content

Here we are looking at a decision in relation to legal expenses insurance. The solicitor had gone outside the cover of the insurance but not informed the client.  The Ombudsman’s conclusions on this issue are not a great surprise… “The…

WITNESS EVIDENCE WEDNESDAY: WHEN A CLIENT BLAMES THEIR SOLICITOR FOR ISSUES IN THE WITNESS STATEMENT: SOME EXAMPLES CONSIDERED

WITNESS EVIDENCE WEDNESDAY: WHEN A CLIENT BLAMES THEIR SOLICITOR FOR ISSUES IN THE WITNESS STATEMENT: SOME EXAMPLES CONSIDERED

March 11, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Members Content, Witness statements

Occasionally I give in-house presentations on drafting witness statements.  I always emphasise the importance of protecting the client from over-enthusiastic drafting by their lawyer to make sure that the witness statement is accurate and compliant.  I then ask what steps…

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