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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » August » 26
ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 3rd SEPTEMBER 2026

ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 3rd SEPTEMBER 2026

August 26, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Clinical Negligence, Damages, Personal Injury, Webinar

This webinar examines the legal and practical issues arising in accommodation and aids and appliances claims in personal injury litigation, with particular focus on the impact of Swift v Carpenter. The decision represents a significant development in how courts assess…

EXPERT WATCH 68: THE MISUSE OF AI: "CREATE ME AN EXCEPTIONAL EXPERT WITNESS REPORT": SHOW HOW MY CLIENT "IS 0% AT FAULT": THIS WITNESS HAD A FEW PROBLEMS...

EXPERT WATCH 68: THE MISUSE OF AI: “CREATE ME AN EXCEPTIONAL EXPERT WITNESS REPORT”: SHOW HOW MY CLIENT “IS 0% AT FAULT”: THIS WITNESS HAD A FEW PROBLEMS…

August 26, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

“What happens in America eventually happens over here” is a well known maxim.  It is for that reason we are looking at a case about expert evidence and the use of artificial intelligence from the United States. (To be frank…

APPELLANT HAS £2.8 MILLION APPEAL STRUCK OUT: RELIEF FROM SANCTIONS REFUSED: THE DANGERS OF INACTIVITY: "THE SERIOUSNESS OF THE CONSEQUENCES CANNOT DETERMINE THE OUTCOME"

APPELLANT HAS £2.8 MILLION APPEAL STRUCK OUT: RELIEF FROM SANCTIONS REFUSED: THE DANGERS OF INACTIVITY: “THE SERIOUSNESS OF THE CONSEQUENCES CANNOT DETERMINE THE OUTCOME”

August 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

Here we see  case where an appellant lost the chance to pursue an appeal worth £2.8 million primarily because of a failure to appoint new representatives or inform the Tribunal of details of how he could be contacted. Inactivity led…

EXPERT WATCH 67: LITIGANTS NOT ALLOWED TO RECOVER THE COSTS OF AN EXPERT WHOSE EVIDENCE ON SOME ISSUES WAS “LARGELY UNHELPFUL”

August 26, 2026 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

It is rare to be able to see a costs decision on the recoverability of the costs of expert evidence.  We have such a case here where the Competition Appeal Tribunal considered whether to allow a successful party to recover…

WITNESS EVIDENCE WEDNESDAY: YOU CANNOT NECESSARILY RELY ON INTERLOCUTORY WITNESS STATEMENTS AT TRIAL

August 26, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Here we have a case where the claimant, wrongfully, believed that she could rely on witness statements that had been served in the course of the proceedings in addition to the statement served for trial.  She was given permission to…

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THE IMPORTANT DISTINCTION BETWEEN AN APPLICATION TO STRIKE OUT AND ONE FOR SUMMARY JUDGMENT: DECISION TO STRIKE OUT ALLOWED ON APPEAL BECAUSE THE JUDGE HAD WRONGLY CONSIDERED THE MERITS
COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
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CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULTS AND THESE WOULD HAVE BEEN FORGIVEN...

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