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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » July » 22
FATAL ACCIDENT DAMAGES CONSIDERED IN DETAIL: HOW SHOULD CARE DEPENDENCY BE ASSESSED? DOES IT END IF A WIDOW GOES INTO A NURSING HOME

FATAL ACCIDENT DAMAGES CONSIDERED IN DETAIL: HOW SHOULD CARE DEPENDENCY BE ASSESSED? DOES IT END IF A WIDOW GOES INTO A NURSING HOME

July 22, 2026 · by gexall · in Civil evidence, Civil Procedure, Damages, Fatal Accidents, Members Content, Personal Injury

Here we have a detailed consideration of some of the key points in relation to fatal accident damages. In particular how claims for loss of a carer should be assessed.   These are central issues in many cases and there is…

WITNESS EVIDENCE WEDNESDAY (2): WHEN A WITNESS GETS COACHING FROM ARTIFICIAL INTELLIGENCE - WHAT ARE THE IMPLICATIONS?

WITNESS EVIDENCE WEDNESDAY (2): WHEN A WITNESS GETS COACHING FROM ARTIFICIAL INTELLIGENCE – WHAT ARE THE IMPLICATIONS?

July 22, 2026 · by gexall · in Artificial Intelligence, Civil evidence, Civil Procedure, Members Content, Witness statements

Artificial Intelligence continues to give rise to novel legal issues.  In this case the courts had to consider the impact of clear evidence that the complainant in a criminal case had received detailed “coaching” by the use of A.I.   …

PROVING THINGS 294: THE CLAIMANT ESTABLISHES EVERY ELEMENT OF LIABILITY IN ITS CLAIM FOR BREACH OF CONTRACT: DAMAGES WERE ONE POUND...

PROVING THINGS 294: THE CLAIMANT ESTABLISHES EVERY ELEMENT OF LIABILITY IN ITS CLAIM FOR BREACH OF CONTRACT: DAMAGES WERE ONE POUND…

July 22, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content

This is almost a “classic” example of a failure to prove things.  The claimant established that the defendant was in breach of contract and that certain exclusion clauses did not apply. However it ended up with damages of £1.00.  The…

WITNESS EVIDENCE WEDNESDAY: A JUDGE IS NOT BOUND TO ACCEPT ALL DOCUMENTARY EVIDENCE: THE CLAIMANT "HONESTLY BELIEVED" THE CASE BUT THIS DID NOT PROVE IT...

WITNESS EVIDENCE WEDNESDAY: A JUDGE IS NOT BOUND TO ACCEPT ALL DOCUMENTARY EVIDENCE: THE CLAIMANT “HONESTLY BELIEVED” THE CASE BUT THIS DID NOT PROVE IT…

July 22, 2026 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content, Witness statements

We are looking at a case where an unsuccessful claimant attempted to argue that the trial judge had got the facts wrong, in particular there was a failure to take account of documentary evidence.   This judgment highlights the difficulties of…

"STING OPERATIONS", SECRET AGENTS,  NAIVE SOLICITORS DISCLOSING THEIR CLIENT'S PRIVILEGED INFORMATION, STRIKING OUT AND ABUSE OF PROCESS: COURT OF APPEAL DECISION HIGHLIGHTS THE MAJOR RISKS OF "PRIVILEGE HUNTING"

“STING OPERATIONS”, SECRET AGENTS, NAIVE SOLICITORS DISCLOSING THEIR CLIENT’S PRIVILEGED INFORMATION, STRIKING OUT AND ABUSE OF PROCESS: COURT OF APPEAL DECISION HIGHLIGHTS THE MAJOR RISKS OF “PRIVILEGE HUNTING”

July 22, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Striking out

Here the Court of Appeal looks at one of the most remarkable issues of “litigation conduct” that has occurred in recent years. The claimants hired a “black ops” operative to befriend and obtain privileged and confidential information from the defendants’…

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