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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 02
WITNESS EVIDENCE WEDNESDAY: "BACKDATING LETTERS" TO DELIBERATELY MISLEAD COULD COST YOU: £4.58 MILLION IN THIS CASE: (METADATA COMES INTO PLAY NOW)

WITNESS EVIDENCE WEDNESDAY: “BACKDATING LETTERS” TO DELIBERATELY MISLEAD COULD COST YOU: £4.58 MILLION IN THIS CASE: (METADATA COMES INTO PLAY NOW)

September 2, 2026 · by gexall · in Civil Procedure, Conduct, Members Content, Witness statements

We are looking here at a judgment about witness credibility made by an Employment Tribunal several years ago.  In particular the Tribunal found that the Defendants’ witnesses had deliberately backdated letters in an attempt to mislead.   The reason we are…

THE CURRENT IMPORTANCE OF PLEADINGS 90: THE COURT OF APPEAL WAS WRONG TO HOLD ONE DEFENDANT TO HIS PLEADED CASE WHILST EXONERATING A CO-DEFENDANT: THIS LED TO A FINDING THAT WAS AN "ABSURDITY"

THE CURRENT IMPORTANCE OF PLEADINGS 90: THE COURT OF APPEAL WAS WRONG TO HOLD ONE DEFENDANT TO HIS PLEADED CASE WHILST EXONERATING A CO-DEFENDANT: THIS LED TO A FINDING THAT WAS AN “ABSURDITY”

September 2, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Witness statements

In this case the Judicial Committee of the Privy Council considered whether the Court of Appeal in Trinidad and Tobago was correct to hold one defendant in a clinical negligence case to their pleaded case whilst, effectively, exculpating a co-defendant. …

COST BITES 445: USEFUL CHECKLISTS (2): A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR DEFENDANTS) TOGETHER WITH SOME USEFUL LINKS

COST BITES 445: USEFUL CHECKLISTS (2): A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR DEFENDANTS) TOGETHER WITH SOME USEFUL LINKS

September 2, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Part 36

Yesterday we looked at a checklist on costs for claimants in housing disrepair cases.  In the interest of balance I said the next in the series would be aimed at defendants. Here is the checklist as promised. It encourages litigators…

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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

Top Posts

COST BITES 461: "LOSING PARTY" SHOULD PAY COSTS AT THE END OF HEARING, DESPITE HAVING BEEN GRANTED PERMISSION TO APPEAL
THE CURRENT IMPORTANCE OF PLEADINGS 99: ONCE AGAIN - A BARE DENIAL WILL NOT DO: DEFENCE STRUCK OUT: "THIS RULE IS NOT A MATTER OF FORMALITY"
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"
HOUSING CASES AND ALLOCATION TO THE FAST TRACK: THE FACT THAT THE CLAIM WAS BASED ON AN EARLIER COMPROMISE DID NOT MEAN THAT THIS WAS A SMALL CLAIMS TRACK MATTER
PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT'S CONDUCT OF LITIGATION

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