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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » July » 31
ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

July 31, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

The practice of sending out draft judgments in advance is undoubtedly helpful. It does, however, lead to some procedural difficulties in itself. We have seen numerous examples of the draft embargo on a judgment being breached.  It is sometimes seen…

ARTIFICIAL INTELLIGENCE IN COURT: AN INTERESTING PRACTICE DIRECTION FROM THE HIGH COURT IN IRELAND : GOOD ADVICE FOR US ALL

ARTIFICIAL INTELLIGENCE IN COURT: AN INTERESTING PRACTICE DIRECTION FROM THE HIGH COURT IN IRELAND : GOOD ADVICE FOR US ALL

July 31, 2026 · by gexall · in Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

In England and Wales we are still considering appropriate guidance for the use of Artificial Intelligence in the courts.  The High Court in Ireland has issued a specific Practice Direction on the use of Generative AI in Court Documents.  It…

COST BITES 424: A CLAIM FOR 30.5 HOURS IN ONE DAY: A SCHEDULE "SO UNRELIABLE IT CANNOT FORM THE BASIS FOR ASSESSMENT"

COST BITES 424: A CLAIM FOR 30.5 HOURS IN ONE DAY: A SCHEDULE “SO UNRELIABLE IT CANNOT FORM THE BASIS FOR ASSESSMENT”

July 31, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

We have seen many issues in relation to schedules over the years.  Here the judge considered a schedule that claimed for one person working more than 24 hours in a day. “Some of those hours are, on the face of…

THE NEW LAW ON LIMITATION AND SEXUAL ABUSE CLAIMS CONSIDERED IN THE HIGH COURT: THE NEW SECTION 11ZA ONLY EXTENDS TO THE SEXUAL ABUSE ASPECTS OF A CLAIM

THE NEW LAW ON LIMITATION AND SEXUAL ABUSE CLAIMS CONSIDERED IN THE HIGH COURT: THE NEW SECTION 11ZA ONLY EXTENDS TO THE SEXUAL ABUSE ASPECTS OF A CLAIM

July 31, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Limitation, Members Content, Personal Injury

New sections of the Limitation Act 1980 came into force on the 29th June this year.  These make a considerable difference where the court is considering issues of limitation in sexual abuse claims.  The new provisions are considered in this…

THROWBACK FRIDAY: GESTMIN GUIDANCE IN THE CONTEXT OF CLINICAL NEGLIGENCE CASES (WITH A CHANCE TO REMEMBER HH ALAN GORE K.C.) : JULY 2019

THROWBACK FRIDAY: GESTMIN GUIDANCE IN THE CONTEXT OF CLINICAL NEGLIGENCE CASES (WITH A CHANCE TO REMEMBER HH ALAN GORE K.C.) : JULY 2019

July 31, 2026 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Members Content, Witness statements

Here we look at a post from July 2019.  It gives me a chance to remember the judge in question HH Alan Gore who sadly died in December last year.  This is one of his judgments about the Gestmin criteria…

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