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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 29
WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026

WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026

May 29, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Webinar

There is no shortage of posts on this blog where judges have been critical of expert witnesses (and sometimes those who instruct them). This webinar examines how courts assess and evaluate expert evidence in personal injury litigation, with a particular…

THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT'S AMENDMENT APPLICATION BECAUSE THERE WERE "REASONABLY ARGUABLE" ISSUES IN RELATION TO LIMITATION

THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION

May 29, 2026 · by gexall · in Amendment, Appeals, Applications, Civil Procedure, Limitation, Members Content, Statements of Case

Here we continue the theme of today in looking at applications to amend.  In this case the application was unsuccessful because it sought to raise issues that may be subject to a limitation defence.  The judge rejected the argument that…

THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM

THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM

May 29, 2026 · by gexall · in Amendment, Applications, Civil Procedure, Members Content, Statements of Case

The theme for today may well be unsuccessful applications to amend pleadings. Here we have what may be regarded as an “extreme” case. The claimant issued proceedings relying on medical evidence that actually contradicted the pleaded case.  This was pointed…

THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY "LATE"? (MAY 2015)

THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)

May 29, 2026 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

If we have a theme for today it relates to applications to amend pleadings.  This is, needless to say, a regular topic on this site.  The issues and problems that litigants faced 11 years ago still occur in cases we…

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Recent Posts

  • WITNESS EVIDENCE WEDNESDAY: WHEN A LITIGATOR MAKES A STATEMENT ON BEHALF OF THEIR CLIENT: A USEFUL CHECKLIST ON THE SOURCE OF INFORMATION AND BELIEF
  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
  • PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”
  • COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?

Top Posts

RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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