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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 08
TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY

TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY

September 8, 2026 · by gexall · in Appeals, Civil Procedure, Clinical Negligence, Members Content, Personal Injury

The Court of Appeal today found that TUPE does not transfer an employer’s pre-transfer vicarious liability to third-party claimants.  This has important practical implications for many practitioners, particularly in the fields of personal injury and clinical negligence. “…  just standing…

COST BITES 448: THE FINANCIAL CONDUCT AUTHORITY HAS TO PAY THE FULL COSTS OF LOSING AN ACTION: ARGUMENTS ABOUT "CHILLING EFFECT" WERE NOT ESTABLISHED AND NOT EVIDENCED IN ANY EVENT

COST BITES 448: THE FINANCIAL CONDUCT AUTHORITY HAS TO PAY THE FULL COSTS OF LOSING AN ACTION: ARGUMENTS ABOUT “CHILLING EFFECT” WERE NOT ESTABLISHED AND NOT EVIDENCED IN ANY EVENT

September 8, 2026 · by gexall · in Applications, Assessment of Costs, Conduct, Costs, Members Content

Here we look at some unusual arguments from an unsuccessful defendant as to why it should not be liable to pay the claimants’ costs in full.  In the end the defendant succeeded in reducing the costs of a single claimant…

COST BITES 447 : SHOULD A DEFENDANT'S DERAILMENT OF AN EARLY NEUTRAL EVALUATION LEAD TO INDEMNITY COSTS ORDERS BEING MADE AGAINST IT?

COST BITES 447 : SHOULD A DEFENDANT’S DERAILMENT OF AN EARLY NEUTRAL EVALUATION LEAD TO INDEMNITY COSTS ORDERS BEING MADE AGAINST IT?

September 8, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content, Statements of Case

Here we have an interesting judgment on the interaction between costs, pleadings and the court’s encouragement of an ADR Process.  The claimant argued that a defendant’s conduct lead to the adjournment, and eventual abandonment of an Early Neutral Evaluation (“ENE”)….

LAWYERS AND ARTIFICIAL INTELLIGENCE  AVOIDING THE PITFALLS (2): HOW TO SPOT "FALSE" AUTHORITIES AND WHAT TO DO ABOUT IT (PLUS SOME USEFUL LINKS)

LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (2): HOW TO SPOT “FALSE” AUTHORITIES AND WHAT TO DO ABOUT IT (PLUS SOME USEFUL LINKS)

September 8, 2026 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil Procedure, Members Content

Many practising lawyers will now have seen cases where AI has been used to put forward legal propositions. Sometimes this involves “hallucinated” cases, statutes or rules.  More problematically a real case or statute is cited, however the citation is wrong…

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Recent Posts

  • THE CURRENT IMPORTANCE OF PLEADINGS 103: “THE RESPONSIBILITY OF PLEADING THE CLAIM RESTS ON THE CLAIMANT” (OH, AND MATTERS CANNOT BE ADDED IN A SKELETON ARGUMENT SERVED THE DAY BEFORE TRIAL…)
  • THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT
  • THE CRITICAL IMPORTANCE OF COMPLYING WITH TIME LIMITS: “THERE WAS A WHOLESALE FAILURE TO ACKNOWLEDGE THE DEFAULTS”; “IT WAS ALL AS IF COMPLIANCE WERE OPTIONAL”
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WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
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THE COURT REFUSES DEFENDANT'S APPLICATION FOR AN ORDER THAT THE CLAIMANT'S SOLICITORS CEASE TO ACT FOR HER: THERE IS NO AUTOMATIC CONFLICT AND EVIDENCE IS REQUIRED

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