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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » July » 24
LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...

LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT…) AND THE COURT OF APPEAL CONSIDERS “WHAT IS A TRIAL?”: THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT…

July 24, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

One of the key factors in this Court of Appeal judgment was the meaning of the word “trial”.  Curiously this is not defined in the rules and has only been considered in two previous cases.    The issue was important…

COST BITES 417: THE LIABILITY FOR COSTS OF EACH CLAIMANT WHEN A MULTI-CLAIMANT ACTION WAS DISCONTINUED: BEING PART OF SUCH AN ACTION MAY NOT BE CHEAP...

COST BITES 417: THE LIABILITY FOR COSTS OF EACH CLAIMANT WHEN A MULTI-CLAIMANT ACTION WAS DISCONTINUED: BEING PART OF SUCH AN ACTION MAY NOT BE CHEAP…

July 24, 2026 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Members Content

There has been much publicity recently about liability for costs when “multi-claimant” actions fail, are struck out or discontinued. We have a case that considers those issues here, albeit on a relatively small scale.  Each claimant was liable to pay…

EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION "UNRELIABLE"

EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION “UNRELIABLE”

July 24, 2026 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

There have been a number of cases where the courts have considered letters, or less formal “reports”, provided by doctors to support elements of a litigant’s case, usually in relation to an application for adjournment or procedural issue.  There was…

THROWBACK FRIDAY: "UNNECESSARY MATERIAL, DUPLICATION AND INFORMATION OVERLOAD": A POST FROM JULY 2016 WHICH STILL HAS ECHOES TODAY

THROWBACK FRIDAY: “UNNECESSARY MATERIAL, DUPLICATION AND INFORMATION OVERLOAD”: A POST FROM JULY 2016 WHICH STILL HAS ECHOES TODAY

July 24, 2026 · by gexall · in Applications, Avoiding negligence claims, Bundles, Civil evidence, Civil Procedure, Members Content

Here we look at a regular judicial complaint: too many documents with many of them being irrelevant.  This post was from July 2016. There have been numerous similar complaints since as the “Related Posts” (from both 2016 and 2026) below…

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Recent Posts

  • COST BITES 465 : WITHOUT PREJUDICE COSTS BREAKDOWNS REMAINED PRIVILEGED: A LOWER BILL DID NOT ESTABLISH “UNAMBIGUOUS IMPROPRIETY”
  • A SUCCESSFUL JUDICIAL REVIEW OF A DECISION TO REFUSE PERMISSION TO APPEAL: GRANTING JUDGMENT AFTER AN EARLY NEUTRAL EVALUATION: A “WHOLLY EXCEPTIONAL COLLAPSE OF FAIR PROCEDURE”
  • PROVING THINGS 300: COMPANY FAILS TO PROVE ITS OWN FINANCIAL SITUATION: APPLICATION FOR A STAY REFUSED
  • THROWBACK FRIDAY: “STAYING SANE AS A LITIGATOR: THINGS WILL GO WRONG: “YOU GOTTA HAVE A PLAN”: DON’T CRASH…” (OCTOBER 2019)
  • COST BITES 464 : THE IMPORTANCE OF MAKING A PROPER APPLICATION TO VARY A COSTS CAP: TICKING A BOX IS NOT ENOUGH: THE COURT APPLIES THE £5,000 AARHUS LIMIT: SOMETHING TO CHEW THE CUD OVER

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A SUCCESSFUL JUDICIAL REVIEW OF A DECISION TO REFUSE PERMISSION TO APPEAL: GRANTING JUDGMENT AFTER AN EARLY NEUTRAL EVALUATION: A "WHOLLY EXCEPTIONAL COLLAPSE OF FAIR PROCEDURE"

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