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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 08
EXPERT WATCH 49: EXPERT EVIDENCE IS "UNUSUAL" AT AN INTERLOCUTORY HEARING: "THIS MIXTURE OF OF SUBMISSIONS AND OPINION WAS NOT CPR 35 COMPLIANT EXPERT EVIDENCE"

EXPERT WATCH 49: EXPERT EVIDENCE IS “UNUSUAL” AT AN INTERLOCUTORY HEARING: “THIS MIXTURE OF OF SUBMISSIONS AND OPINION WAS NOT CPR 35 COMPLIANT EXPERT EVIDENCE”

June 8, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we look at part of a judgment that dealt with expert evidence. The Master was clear that a party could not rely on expert evidence without permission. The use of such evidence is “unusual” in an interlocutory application. Further…

THE JUDGE WAS ENTITLED TO BELIEVE THE CLAIMANT AND FIND THAT HE WAS NOT FUNDAMENTALLY DISHONEST: DEFENDANT'S APPEAL HITS A BARRIER

THE JUDGE WAS ENTITLED TO BELIEVE THE CLAIMANT AND FIND THAT HE WAS NOT FUNDAMENTALLY DISHONEST: DEFENDANT’S APPEAL HITS A BARRIER

June 8, 2026 · by gexall · in Appeals, Civil Procedure, Fundamental Dishonesty, Members Content, Personal Injury

Here we look at what was, essentially, an attempt to appeal a trial judge’s findings of fact.  It did not fare well. The judge found that the trial judge was entitled to reach the conclusions he did. The absence of…

COST BITES 399: WHEN THE COSTS OF THE LITIGATION ALMOST ENTIRELY CONSUME THE VALUE OF THE ESTATE BEING SUED:

COST BITES 399: WHEN THE COSTS OF THE LITIGATION ALMOST ENTIRELY CONSUME THE VALUE OF THE ESTATE BEING SUED:

June 8, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Costs, Members Content

This is another case that litigators and litigants need to read.  An action against an estate led to the net value of the estate being “almost entirely” consumed by costs.  During the course of the litigation the (unsuccessful) claimant already…

BACK TO BASICS MONDAY: THE DUTY TO SERVE A NOTICE OF APPEAL "AS SOON AS IS PRACTICABLE"

BACK TO BASICS MONDAY: THE DUTY TO SERVE A NOTICE OF APPEAL “AS SOON AS IS PRACTICABLE”

June 8, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

This post arises from the observations of the judge in a case we looked at last week.  In essence it is not enough to simply issue a notice of appeal or an application notice.  The rules require that you serve…

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Recent Posts

  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … OPPOSING APPLICATIONS TO AMEND STATEMENTS OF CASE? TEN KEY POINTS AND A BONUS POINT ABOUT LISTS OF ISSUES
  • STRIKING OUT AND ABUSE OF PROCESS: WHEN EARLIER ARBITRATION PROCEEDINGS DO NOT PREVENT A SUBSEQUENT CLAIM: AND YOU CANNOT SIMPLY BYPASS CPR PART 24
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … APPLICATIONS TO AMEND STATEMENTS OF CASE? TEN KEY POINTS FOR APPLICANTS (PLUS A “BONUS POINT” AND USEFUL LINKS…).)
  • THE CURRENT IMPORTANCE OF PLEADINGS 98 : THE COURT REJECTS A LATE APPLICATION TO AMEND: THE CLAIMANT DID NOT HAVE A STRONG CASE
  • THE CURRENT IMPORTANCE OF PLEADINGS 97 : CLAIMANT GIVEN LEAVE TO APPLY TO AMEND PLEADINGS THAT WERE SERVED LATE, BUT DIDN’T GET VERY FAR (OH, AND LEADING COUNSEL BEING ON HOLIDAY IS NOT A GOOD REASON FOR A BREACH…)

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