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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 30
ARTIFICIAL INTELLIGENCE IN THE PREPARATION OF WITNESS STATEMENTS: THERE IS NO SATISFACTORY EXPLANATION FOR THIS: HOW DOES THE JUDGE KNOW IT IS THE WITNESS'S OWN WORDS?

ARTIFICIAL INTELLIGENCE IN THE PREPARATION OF WITNESS STATEMENTS: THERE IS NO SATISFACTORY EXPLANATION FOR THIS: HOW DOES THE JUDGE KNOW IT IS THE WITNESS’S OWN WORDS?

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

We have another case where the judge considers the use of Artificial Intelligence in the preparation of witness statements.  It was held that there was no good reason for this.  He was concerned that ChatGPT had contributed to the witness…

FILING A NOTICE OF APPEAL OUT OF TIME: A TALE OF THREE CITIES:  RELIEF FROM SANCTIONS GRANTED WHEN THE APPEAL WAS LATE BUT THE SOLICITORS "DID NOTHING WRONG AT ALL"

FILING A NOTICE OF APPEAL OUT OF TIME: A TALE OF THREE CITIES: RELIEF FROM SANCTIONS GRANTED WHEN THE APPEAL WAS LATE BUT THE SOLICITORS “DID NOTHING WRONG AT ALL”

April 30, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Relief from sanctions

In this case the judge granted permission to appeal when the appeal notice was lodged 25 days out of time.  Not only is this an example of the court using its discretion under Denton and taking into accounts issues with…

THE CURRENT IMPORTANCE OF PLEADINGS 68: COURT OF APPEAL HOLDS THAT THE JUDGE SHOULD NOT HAVE ALLOWED AMENDMENTS: THE PLEADINGS WERE "INCOHERENT, SELF-CONTRADICTORY AND INSUFFICIENTLY PARTICULARISED"

THE CURRENT IMPORTANCE OF PLEADINGS 68: COURT OF APPEAL HOLDS THAT THE JUDGE SHOULD NOT HAVE ALLOWED AMENDMENTS: THE PLEADINGS WERE “INCOHERENT, SELF-CONTRADICTORY AND INSUFFICIENTLY PARTICULARISED”

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

Here we have a rare case where the Court of Appeal overturns a decision of the first instance judge to allow a party to amend their pleadings.  There is a detailed analysis of why the proposed amendments were deficient. “I…

COST BITES 381: DOES THE COURT HAVE POWER TO ORDER SECURITY FOR COSTS IN RELATION TO AN ASSESSMENT? SOME INTERESTING COMMENTS ABOUT THE COSTS OF ASSESSMENT ALONG THE WAY...

COST BITES 381: DOES THE COURT HAVE POWER TO ORDER SECURITY FOR COSTS IN RELATION TO AN ASSESSMENT? SOME INTERESTING COMMENTS ABOUT THE COSTS OF ASSESSMENT ALONG THE WAY…

April 30, 2026 · by gexall · in Applications, Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content

This case is interesting for several reasons. Firstly the judge considers whether the court has power to order security for costs in a detailed assessment. Secondly there are some interesting observations about the costs incurred in the assessment process (and…

SERVICE POINTS 38: THE CLAIMANT SERVES AT THE WRONG ADDRESS BUT THE DEFENDANT FAILS TO APPLY IN TIME (A CLASSIC STORY)

SERVICE POINTS 38: THE CLAIMANT SERVES AT THE WRONG ADDRESS BUT THE DEFENDANT FAILS TO APPLY IN TIME (A CLASSIC STORY)

April 30, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form

This is a case where lessons can be learnt by both claimants and defendants. The claimant served at the wrong address, however the defendant did not respond promptly or timeously. KEY PRACTICE POINT There are lessons here for both parties….

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  • ADVOCACY THE JUDGE’S VIEW A RECAP OF THE SERIES 3: “THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE”: WHY ALL LITIGATORS SHOULD KNOW THESE THINGS…

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CLAIMANT'S SUCCESSFUL APPEAL AGAINST THE STRIKING OUT OF A CASE BECAUSE A WITNESS STATEMENT HAD NOT BEEN PROVIDED: THE SMALL CLAIMS PROTOCOL IS (VERY) DIFFERENT...
AN ORDER FOR WASTED COSTS NARROWLY AVERTED - BUT THERE WERE ISSUES ON BOTH SIDES: "NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY"
FAILING TO GIVE THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: THE JUDGE MAY THINK THAT THERE IS SOMETHING FISHY GOING ON HERE...
ADVOCACY THE JUDGE'S VIEW A RECAP OF THE SERIES 3: "THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE": WHY ALL LITIGATORS SHOULD KNOW THESE THINGS...
COST BITES 432: THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE "SIGNIFICANT DEVELOPMENTS" : HIGH COURT DECISION

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