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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROFESSIONAL NEGLIGENCE NEWS (1): I'VE SUED THE WRONG DEFENDANT:  CAN THE COURT DO ANYTHING TO HELP?  FIRST OF (WHAT MAY WELL BE) A LONG RUNNING SERIES

PROFESSIONAL NEGLIGENCE NEWS (1): I’VE SUED THE WRONG DEFENDANT: CAN THE COURT DO ANYTHING TO HELP? FIRST OF (WHAT MAY WELL BE) A LONG RUNNING SERIES

June 30, 2025 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Professional negligence,

There is much to be said for starting a new (and what may well be a  long running) series looking at professional negligence cases, in particular the procedural and practical issues that arise.  Firstly, if (as here) it is a…

THE PERILS OF LEAVING ISSUE TO THE LAST MINUTE: CLAIM AGAINST SOLICITORS WAS STATUTE BARRED - AMENDMENT DISALLOWED: ADDITION IS NOT A SUBSTITUTION

THE PERILS OF LEAVING ISSUE TO THE LAST MINUTE: CLAIM AGAINST SOLICITORS WAS STATUTE BARRED – AMENDMENT DISALLOWED: ADDITION IS NOT A SUBSTITUTION

May 2, 2017 · by gexall · in Amendment, Limitation, Members Content

The judgment of the Court of Appeal yesterday  in Godfrey Morgan Solicitors (a firm) -v- Armes [2017] EWCA Civ 323 illustrates the danger of late issue of proceedings.  Issue was left until the last day.  An additional defendant was added…

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  • PERSONAL INJURY POINTS 15: THE STUDENTS LOAN COMPANY MAY BE AN “EMANATION OF THE STATE”: SOME INTERESTING ISSUES HERE: THESE ARE ISSUES OF LAW – NOT ONE ON WHICH A WITNESS CAN EXPRESS AN OPINION OR VIEW…
  • PERSONAL INJURY POINTS 14: CLAIMANT FAILS IN SLIPPING CASE: THERE WAS A “HYPOTHETICAL” RISK OF SLIPPING WHICH THE DEFENDANT DID NOT NEED TO DEAL WITH
  • PERSONAL INJURY POINTS 13: WHERE THERE IS BLAME THERE IS NOT ALWAYS A CLAIM: THE DEFENDANT BREACHED THEIR DUTY BUT THE CLAIMANT’S ACTION FAILED
  • THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”
  • SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS

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  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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