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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » March » 30
THE CURRENT IMPORTANCE OF PLEADINGS 65: THE REASON WHY PLEADINGS ARE IMPORTANT IN ALL TYPES OF CASES: "IF THE DEFENDANT FEELS SHE HAS FAILED TO ESTABLISH ANY PART OF HER CASE BY REASON OF INADEQUATE PLEADINGS ... SHE MAY NEED TO TAKE THAT UP WITH HER SOLICITORS..."

THE CURRENT IMPORTANCE OF PLEADINGS 65: THE REASON WHY PLEADINGS ARE IMPORTANT IN ALL TYPES OF CASES: “IF THE DEFENDANT FEELS SHE HAS FAILED TO ESTABLISH ANY PART OF HER CASE BY REASON OF INADEQUATE PLEADINGS … SHE MAY NEED TO TAKE THAT UP WITH HER SOLICITORS…”

March 30, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

I appreciate that today has been a “pleadings heavy” day on this site. However the reason for this is that pleadings are important across the board.  Earlier today we looked at pleadings in a multi-million pound dispute between two banks.  Here…

THE CURRENT IMPORTANCE OF PLEADINGS 64: THE DEFENDANT TRIES - AGAIN - TO RELY ON EXTERNAL REPORTS AS FACTUAL PARTS OF ITS DEFENCE...

THE CURRENT IMPORTANCE OF PLEADINGS 64: THE DEFENDANT TRIES – AGAIN – TO RELY ON EXTERNAL REPORTS AS FACTUAL PARTS OF ITS DEFENCE…

March 30, 2026 · by gexall · in Amendment, Applications, Civil Procedure, Members Content, Statements of Case, Witness statements

We continue our examination of this judgment where the judge considered the factors relating to amending pleadings in detail.  In this case the defendant attempted (for the second time) to rely on the contents of an external report. The judge…

MASTERING PD57AC - GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON'T): WEBINAR 30th APRIL 2026

MASTERING PD57AC – GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON’T): WEBINAR 30th APRIL 2026

March 30, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Webinar, Witness statements

Witness statements can make—or break—your case in the Commercial Courts. Since the introduction of Practice Direction 57AC in April 2021, the courts have repeatedly emphasised that compliance is not optional. Yet many practitioners continue to fall into the same costly…

THE CURRENT IMPORTANCE OF PLEADINGS 63: WHEN ARE AMENDMENTS TO  PLEADINGS "CONSEQUENTIAL" - DOES A PARTY HAVE "GENERAL RIGHT" TO INTRODUCE NEW MATTERS?

THE CURRENT IMPORTANCE OF PLEADINGS 63: WHEN ARE AMENDMENTS TO PLEADINGS “CONSEQUENTIAL” – DOES A PARTY HAVE “GENERAL RIGHT” TO INTRODUCE NEW MATTERS?

March 30, 2026 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

Here we continue with our examination of attempts to amend pleadings. We are looking at the same case as the previous post but a different judgment from a different judge.   Here the claimant amended its Particulars of Claim and the…

THE CURRENT IMPORTANCE OF PLEADINGS 62: REFERRING TO AN EXTERNAL REPORT IN A DEFENCE MAY NOT BE HELPFUL: "A PLEADING NEEDS TO BE UNAMBIGUOUS AND COHERENT"

THE CURRENT IMPORTANCE OF PLEADINGS 62: REFERRING TO AN EXTERNAL REPORT IN A DEFENCE MAY NOT BE HELPFUL: “A PLEADING NEEDS TO BE UNAMBIGUOUS AND COHERENT”

March 30, 2026 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

Today we are going to look in detail at attempts to amend a defence. There is much to learn about pleadings, pleading defences and applications to amend.  We start off with an application made last year. However as we shall…

BACK TO BASICS MONDAY: GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: A MANDATORY OBLIGATION OFTEN IGNORED

BACK TO BASICS MONDAY: GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: A MANDATORY OBLIGATION OFTEN IGNORED

March 30, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Webinar, Witness statements

It is surprisingly common to see witness statements that fail to comply with the basic – and mandatory – requirement that the maker of the statement gives the source of any matters of information or belief they are giving evidence…

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