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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » October » 09
THROWBACK FRIDAY: WITNESS STATEMENTS AND SOURCES OF INFORMATION AND BELIEF: 10 KEY POINTS THAT LITIGATORS SHOULD KNOW: A JUDGE MAKE GET A BIT IRKED IF YOU TRY TO USURP THEIR ROLE (OCTOBER 2018)

THROWBACK FRIDAY: WITNESS STATEMENTS AND SOURCES OF INFORMATION AND BELIEF: 10 KEY POINTS THAT LITIGATORS SHOULD KNOW: A JUDGE MAKE GET A BIT IRKED IF YOU TRY TO USURP THEIR ROLE (OCTOBER 2018)

October 9, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

We are going back eight years and looking at another highly familiar theme – non-compliant witness statements.  We have another example earlier today in the blog. .  We are looking at a post from October 2018.  This post pre-dated PD…

ARTIFICIAL INTELLIGENCE HALLUCINATIONS  - CAUSING PROBLEMS FOR THE PROFESSION AGAIN: "... THIS DECISION ILLUSTRATES THE CONSIDERABLE PROCEDURAL DIFFICULTIES WHICH CAN ARISE WHEN INAPPROPRIATE USE IS MADE OF AI"

ARTIFICIAL INTELLIGENCE HALLUCINATIONS – CAUSING PROBLEMS FOR THE PROFESSION AGAIN: “… THIS DECISION ILLUSTRATES THE CONSIDERABLE PROCEDURAL DIFFICULTIES WHICH CAN ARISE WHEN INAPPROPRIATE USE IS MADE OF AI”

October 9, 2026 · by gexall · in Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Wasted Costs

I have today received a copy of  the second edition of Andrew Hogan’s book on AI for Lawyers (a review of which will be appearing soon).  Problems with the use of AI continue to blight the profession (at home and…

PROVING THINGS 298: CLAIMANT BANK FAILS TO PROVE ITS CASE EVEN THOUGH ONE DEFENDANT WAS DEBARRED FROM DEFENDING: VERIFIED PLEADINGS AND DOCUMENTARY COMMENTARY WERE NO SUBSTITUTE FOR PROOF

PROVING THINGS 298: CLAIMANT BANK FAILS TO PROVE ITS CASE EVEN THOUGH ONE DEFENDANT WAS DEBARRED FROM DEFENDING: VERIFIED PLEADINGS AND DOCUMENTARY COMMENTARY WERE NO SUBSTITUTE FOR PROOF

October 9, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Here we have a case where the claimant failed to prove its case  seeking approximately US$9.6 million.” even when one of the defendants was debarred from defending. Relying on signed statements of case, inferential evidence from witness statements and comments…

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Recent Posts

  • WHAT IS TO BE DONE WITH LITIGANTS WHO CAN’T KEEP SECRETS (2): EMBARGOED JUDGMENTS: TEN KEY POINTS AND SUGGESTIONS FOR HOW A LETTER TO THE CLIENT SHOULD BE DRAFTED
  • ANOTHER CASE ON BREACH OF A JUDGMENT EMBARGO: WHAT IS TO BE DONE WITH LITIGANTS WHO CAN’T KEEP SECRETS (1)?
  • PROVING THINGS 302 : THE COURT DREW ADVERSE INFERENCES WHEN THE CLAIMANT FAILED TO TEST THE METER IT WAS RELYING ON
  • SERVICE POINTS 57: PRESENCE IN THE JURISDICTION, A LAST KNOWN ADDRESS AND THE COST OF GETTING IT WRONG: UNSUCCESFUL CLAIMANT FACES A COSTS BILL OF £500,000…
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COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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