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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 17
BOTH SIDES WANTED A STRIKE OUT FOR NON-COMPLIANCE - BUT GOT NOWHERE (A FAIRLY EXPENSIVE - AND FRUITLESS DAY OUT...): "LOCKED HORNS" AND "SPIRITED CORRESPONDENCE"

BOTH SIDES WANTED A STRIKE OUT FOR NON-COMPLIANCE – BUT GOT NOWHERE (A FAIRLY EXPENSIVE – AND FRUITLESS DAY OUT…): “LOCKED HORNS” AND “SPIRITED CORRESPONDENCE”

June 17, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Costs, Members Content

Here we have applications to strike out by both sides for alleged non-compliance with a court order.  The judge described the  defendants’ application as “aggressive” and the claimant’s application as a “tit for tat” application. Ultimately, however, we are looking…

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: WHAT LITIGATION FIRMS NEED TO DO NOW - AND THE CONSEQUENCES IF THEY DON'T: WEBINAR JUNE 25th 2026 (A BARGAIN AT £99)

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: WHAT LITIGATION FIRMS NEED TO DO NOW – AND THE CONSEQUENCES IF THEY DON’T: WEBINAR JUNE 25th 2026 (A BARGAIN AT £99)

June 17, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Webinar

We have been looking at the new SRA Guidance on Effective Supervision over the past week.  This webinar will look at the key points of the guidance for litigators, in particular and provide a series of checklists and templates for…

THE CURRENT IMPORTANCE OF PLEADINGS 81: IF YOU ARE RELYING ON A STATUTE THAT WASN'T ACTUALLY IN FORCE ON THE DATE IN QUESTION IT MAY HAVE BEEN BETTER FOR YOU TO HAVE PLEADED THIS...

THE CURRENT IMPORTANCE OF PLEADINGS 81: IF YOU ARE RELYING ON A STATUTE THAT WASN’T ACTUALLY IN FORCE ON THE DATE IN QUESTION IT MAY HAVE BEEN BETTER FOR YOU TO HAVE PLEADED THIS…

June 17, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Witness statements

Here we have an unusual case where the trial judge’s findings in favour of the defendant were overturned on appeal. One particular feature of this case is the fact that the claimant relied on a statute that was actually in…

WITNESS EVIDENCE WEDNESDAY: CLAIMANT'S WITNESS STATEMENT WAS SUFFICIENT TO SHOW THAT IT COULD PAY AN ADVERSE COSTS AWARD: APPLICATION FOR SECURITY FOR COSTS REFUSED

WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S WITNESS STATEMENT WAS SUFFICIENT TO SHOW THAT IT COULD PAY AN ADVERSE COSTS AWARD: APPLICATION FOR SECURITY FOR COSTS REFUSED

June 17, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

An assessment of the degree to which a judge can disbelieve  witness evidence in writing plays a  major part in the judgement we are looking at here.  The claimant’s witness gave evidence that it was solvent and would be able…

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 3: THE KEY THEMES  - THE GUIDANCE AND TEN USEFUL CHECKLISTS

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 3: THE KEY THEMES – THE GUIDANCE AND TEN USEFUL CHECKLISTS

June 17, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Members Content

We are continuing our examination of the SRA Guidance on Effective Supervision by looking at what are identified as the “Key themes”.  Here we look at the central points, the relevant guidance itself and then 10 checklists which help ensure…

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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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