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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 402: DOES THE FACT THAT LEGAL FEES HAVE BEEN PAID BY RELATIVES MEAN THAT A RESPONDENT IS NOT LIABLE TO PAY COSTS? THE INDEMNITY PRINCIPLE CONSIDERED

COST BITES 402: DOES THE FACT THAT LEGAL FEES HAVE BEEN PAID BY RELATIVES MEAN THAT A RESPONDENT IS NOT LIABLE TO PAY COSTS? THE INDEMNITY PRINCIPLE CONSIDERED

June 16, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Members Content

Here the court considered an argument that the indemnity principle meant that an unsuccessful respondent was not liable to pay the appellant’s costs.  It was clear that the fees in question had been paid by family members and not the…

ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING ...

ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING …

June 16, 2026 · by gexall · in Appeals, Case Management, Civil evidence, Civil Procedure, Members Content

I don’t know if there are many shipping lawyers who read this site. Here we have a very niche part of a judgment in relation to  Admiralty Court procedure.  The appeal was originally adjourned because there appeared to be a…

DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A "MATTER OF VERY REAL CONCERN"  - BUT THE APPLICATION WAS GRANTED

DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED

June 16, 2026 · by gexall · in Admissions, Applications, Civil evidence, Civil Procedure, Clinical Negligence, Expert evidence, Experts, Members Content, Relief from sanctions

Applications to withdraw from admissions often give rise to controversy.  Here a defendant to a clinical negligence made such an application very late and on the grounds that there had been a change of expert and thus a change of…

THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM "FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT": THE ACTION WAS STRUCK OUT

THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT

June 16, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case, Striking out

Here we look at a case where an unrepresented litigant’s action against five defendants was struck out because the Particulars of Claim did not show any legally recognisable case against any of the defendants. This judgment shows the importance of…

THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS

THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS

June 16, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

We have seen examples of barristers getting into difficulties because of the misuse of AI.  The Bar Standards Handbook  gives 14 pages of useful guidance to the Bar. I have attempted to summarise the guidance here and provide some useful…

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 2: GUIDANCE AND CHECKLISTS ON THE USE OF ARTIFICIAL INTELLIGENCE (WITH A LITTLE HELP FROM OTHER SOURCES...)

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 2: GUIDANCE AND CHECKLISTS ON THE USE OF ARTIFICIAL INTELLIGENCE (WITH A LITTLE HELP FROM OTHER SOURCES…)

June 16, 2026 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Members Content

It is clear from recent developments that the use of AI can be useful in litigation, however it can also lead to major problems.  The new SRA Guidance recognises the issues in relation to the need to supervise AI use,…

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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?

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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..."
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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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