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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 17
WHEN CHAT GPT DRAFTED A "SKELETON" ARGUMENT - 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES

WHEN CHAT GPT DRAFTED A “SKELETON” ARGUMENT – 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES

September 17, 2026 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Skeleton arguments, Written advocacy

We have here another example, in a judgment today, of the difficulties caused by the use of AI. ChatGPT “helpfully” drafted a “skeleton” argument that was 300 pages long (the maximum page length allowed was 20 pages).  This was coupled…

COURT REFUSES DEFENDANTS' APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT "WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH" IS NOT A GOOD STARTING PLACE

COURT REFUSES DEFENDANTS’ APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT “WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH” IS NOT A GOOD STARTING PLACE

September 17, 2026 · by gexall · in Admissions, Amendment, Applications, Civil evidence, Civil Procedure, Members Content

Here we have a case where an application to resile from admissions and to amend  defences were rejected in clear and categorical terms.  To a large extent the change of position of the applicants were based on an argument that…

ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS

ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS

September 17, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Useful links

The previous post considered the nature of a solicitor’s duty in a conveyancing transaction.  The judgment considered the nature of the solicitor’s duty to warn of risks.  Here we pull together many posts and cases on advising on the risks…

PROFESSIONAL NEGLIGENCE NEWS 5 : WHY A SOLICITOR CAN BE NEGLIGENT, A CLAIMANT HONEST AND YET BE WHOLLY UNSUCCESSFUL IN A PROFESSIONAL NEGLIGENCE ACTION

PROFESSIONAL NEGLIGENCE NEWS 5 : WHY A SOLICITOR CAN BE NEGLIGENT, A CLAIMANT HONEST AND YET BE WHOLLY UNSUCCESSFUL IN A PROFESSIONAL NEGLIGENCE ACTION

September 17, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Professional negligence,

We are looking at a case which explores the limits of a solicitor’s duty of care. It relates to conveyancing, however there are many points of interest to litigators.  Firstly in relation to the reason the case failed (the “duty…

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