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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 27
THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS "INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS"

THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”

May 27, 2026 · by gexall · in Avoiding negligence claims, Members Content, Statements of Case

Here we look at a case where the Master struck out the claimants’ pleaded case alleging unlawful means conspiracy, breach of contract and a claim in negligence.  The Master held that that the pleadings were non-compliant and did not plead…

SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS

SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS

May 27, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

Here we have another case of a failure to serve a claim form properly.  This time a local authority failed to serve interested parties to an appeal because, rather than sending the claim forms to them personally, they were sent…

WITNESS EVIDENCE WEDNESDAY: TIPS FOR TESTIFYING IN COURT: FROM THE UNITED STATE'S ATTORNEY'S OFFICE (MIDDLE DISTRICT OF PENNSYLVANIA)

WITNESS EVIDENCE WEDNESDAY: TIPS FOR TESTIFYING IN COURT: FROM THE UNITED STATE’S ATTORNEY’S OFFICE (MIDDLE DISTRICT OF PENNSYLVANIA)

May 27, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Earlier posts have written on the issue of how little guidance there is for those attending courts (civil courts in particular) to give evidence.   An earlier post provided useful links. Here we look at the guidance given in one of…

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Top Posts

COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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