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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 14
CIVIL EVIDENCE: "BARE ASSERTIONS" ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL "VAGUE AND UNPARTICULARISED" EVIDENCE

CIVIL EVIDENCE: “BARE ASSERTIONS” ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL “VAGUE AND UNPARTICULARISED” EVIDENCE

April 14, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

This case serves as a reminder that, if a debt is to be disputed, then the evidence in support of the denial has to be particularised and credible.  Here the respondents faced a debt of  £920,000. There was an attempt…

A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.

A REMINDER – DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.

April 14, 2026 · by gexall · in Avoiding negligence claims, Bundles, Civil evidence, Civil Procedure, Members Content

We are just looking at a few lines from a judgment we looked at earlier this morning. They contain a reminder that documents in an agreed bundle are admissible as evidence at the hearing.  However this does not mean that…

MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE

MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE

April 14, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

One remarkable aspect of the Mazur decision is that in a very real sense it is the losers of the case who get to decide what goes on going forward.  The Court of Appeal rejected the submissions of the Law Society…

AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..

AN “EXTERNAL” REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..

April 14, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We have, for many years now, been looking at the way in which the courts consider the admissibility of reports prepared for related purposes.  We have that issue considered in this case.  A report was obtained in relation to allegations…

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