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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 10
MORE ABOUT THE CASE AGAINST A SOLICITOR BEING STRUCK OUT: THE ABSENCE OF AN ASSUMPTION OF RESPONSIBILITY MEANT THERE WAS NO CASE: A CLAIMANT CANNOT HOPE THAT "SOMETHING WILL TURN UP" ON DISCLOSURE...

MORE ABOUT THE CASE AGAINST A SOLICITOR BEING STRUCK OUT: THE ABSENCE OF AN ASSUMPTION OF RESPONSIBILITY MEANT THERE WAS NO CASE: A CLAIMANT CANNOT HOPE THAT “SOMETHING WILL TURN UP” ON DISCLOSURE…

September 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Striking out, Summary judgment

We looked at this case earlier today in relation to the procedural aspects. However the substantive judgment, on which the defendant was successful, is of considerable interest to the legal profession generally.  There are also issues as to how the…

WILL AN INSURER PAY FOR THIS? ONE OF THE MOST ESSENTIAL QUESTIONS IN LITIGATION CONSIDERED: WEBINAR 30th OCTOBER 2026

WILL AN INSURER PAY FOR THIS? ONE OF THE MOST ESSENTIAL QUESTIONS IN LITIGATION CONSIDERED: WEBINAR 30th OCTOBER 2026

September 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Clinical Negligence, Personal Injury

The post earlier this week on the claimant’s inability to use TUPE to bring a claim against a defendant highlights the very real difficulties that exist when there is no defendant who can pay the claim. In that case the…

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

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

September 10, 2026 · by gexall · in Applications, Civil Procedure, Members Content, Striking out, Summary judgment

There is an important distinction between the striking out of a statement of a case and summary judgment.  Striking out considers whether there is an arguable claim pleaded; summary judgment relates to whether that claim has any merits.  This distinction…

CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULTS AND THESE WOULD HAVE BEEN FORGIVEN...

CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULTS AND THESE WOULD HAVE BEEN FORGIVEN…

September 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

We are looking at a case where a claim against a defendant solicitor was struck out.  It was struck out because there was no arguable case against the solicitor.  However the claimants had also breached numerous rules before and after…

LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (4): EXPERTS AND THE USE OF AI: A LOT OF DANGER AREAS HERE: 20 KEY POINTS

LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (4): EXPERTS AND THE USE OF AI: A LOT OF DANGER AREAS HERE: 20 KEY POINTS

September 10, 2026 · by gexall · in Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we consider the risks that occur when experts use AI when they prepare a report or give evidence.   We have seen several examples on this blog of evidence going awry.  Here we draw upon guidance from previous posts, but…

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