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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE CURRENT IMPORTANCE OF PLEADINGS 61: CLAIM FOR LIBEL WAS NOT PROPERLY PLEADED: "MUCH OF THIS ESSENTIAL DETAIL IS MISSING"

THE CURRENT IMPORTANCE OF PLEADINGS 61: CLAIM FOR LIBEL WAS NOT PROPERLY PLEADED: “MUCH OF THIS ESSENTIAL DETAIL IS MISSING”

March 23, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case, Striking out, Summary judgment

As we shall see there are very strict and precise requirements for pleading libel.  There are numerous cases where the claimant has failed to get past the preliminary stages because of inadequate pleadings. We look at such a case here….

HALLUCINATIONS KEEP APPEARING IN THE REPORTS: TWO MORE EXAMPLES: COUNSEL AT FAULT IN BOTH...

HALLUCINATIONS KEEP APPEARING IN THE REPORTS: TWO MORE EXAMPLES: COUNSEL AT FAULT IN BOTH…

March 23, 2026 · by gexall · in Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

We are looking at two more examples of “hallucinated” cases appearing in reported cases. In both cases it was counsel that was presenting the case. (In one case counsel was acting for himself). “The incident does, however, demonstrate vividly the…

PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR  ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER

PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER

March 23, 2026 · by gexall · in Access to justice, Civil evidence, Civil Procedure, Clinical Negligence, Damages, Members Content, Personal Injury

There are relatively few judgments in which the law and practice relating to provisional damages are considered in detail. We have such a case here.  Further it is an example of the claimant failing to establish provisional damages in relation…

BACK TO BASICS MONDAY: THE NEED TO SERVE A NOTICE DISPUTING THE AUTHENTICITY OF A DOCUMENT: CPR 32.19

BACK TO BASICS MONDAY: THE NEED TO SERVE A NOTICE DISPUTING THE AUTHENTICITY OF A DOCUMENT: CPR 32.19

March 23, 2026 · by gexall · in Admissions, Avoiding negligence claims, Civil evidence, Civil Procedure, Disclosure, Members Content

Here we look at a case that illustrates a very basic principle of civil procedure and evidence.  It is a case where the claimant was, in essence, disputing the authenticity of several documents.  However a basic procedural step had not…

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