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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » August » 28
EXPERT WATCH 69: "THE APPROACH OF BOTH EXPERTS IS WRONG" : WHEN THERE IS A DIFFERENCE IN VALUATION OF $170 MILLION... THE JUDGE DOES NOT HAVE TO SIMPLY PICK A SIDE..

EXPERT WATCH 69: “THE APPROACH OF BOTH EXPERTS IS WRONG” : WHEN THERE IS A DIFFERENCE IN VALUATION OF $170 MILLION… THE JUDGE DOES NOT HAVE TO SIMPLY PICK A SIDE..

August 28, 2026 · by gexall · in Civil Procedure, Credibility of experts, Damages, Expert evidence, Experts, Members Content

In this case the judge was categoric in his view that the approach of the experts from both sides was wrong.  There was a major difference between the experts – just under $170 million.  In these circumstances the judge is…

BOOK REVIEW: "A PRACTICAL GUIDE TO COSTS IN HOUSING DISREPAIR CASES": MAY HELP FIX GAPS IN ROOFS AND CERTAINLY FILLS A GAP IN THE MARKET...

BOOK REVIEW: “A PRACTICAL GUIDE TO COSTS IN HOUSING DISREPAIR CASES”: MAY HELP FIX GAPS IN ROOFS AND CERTAINLY FILLS A GAP IN THE MARKET…

August 28, 2026 · by gexall · in Applications, Assessment of Costs, Book Review, Civil Procedure, Costs, Members Content

Costs in housing disrepair costs have become somewhat of a battleground.  This battle starts at the allocation stage and re-commences on assessment.  This has become more acute because housing disrepair cases are not subject to the fixed costs regime.  This…

THROWBACK FRIDAY: "THE RISK OF INDEMNITY COSTS: WHAT ARE YOU GOING TO TELL YOUR CLIENT?" (AUGUST 2014)

THROWBACK FRIDAY: “THE RISK OF INDEMNITY COSTS: WHAT ARE YOU GOING TO TELL YOUR CLIENT?” (AUGUST 2014)

August 28, 2026 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Members Content

We have had four posts this month  along about costs being awarded on the indemnity basis. Indemnity costs have been awarded against claimants, (in a very high profile case),  against defendants, and against a solicitor personally.  The consequences of an…

INSURER'S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS:  LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE...

INSURER’S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE…

August 28, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Committal proceedings, Members Content

In this case an insurer’s application to commit a personal injury claimant to prison was struck out. This was because the insurer applicant failed to satisfy the court that it had any right to bring the action in the name…

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  • LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (5): “THE HEARING WAS A SALUTARY LESSON IN HOW AI MAY PROMPT LAY PERSONS TO SAY THE RIGHT THINGS IN PLEADINGS, BUT CANNOT FURNISH THE EVIDENCE NEEDED TO ESTABLISH THOSE STATEMENTS”
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