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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Drafting pleadings
THE CURRENT IMPORTANCE OF PLEADINGS 84 : DEFENCE STRUCK OUT "THE SMALL PARTS OF THE PLEADINGS THAT DO ADDRESS THE CLAIMANT'S CARE ARE LIKE TINY ISLANDS LOST IN A VAST OCEAN OF IRRELEVANCE"

THE CURRENT IMPORTANCE OF PLEADINGS 84 : DEFENCE STRUCK OUT “THE SMALL PARTS OF THE PLEADINGS THAT DO ADDRESS THE CLAIMANT’S CARE ARE LIKE TINY ISLANDS LOST IN A VAST OCEAN OF IRRELEVANCE”

June 29, 2026 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

This is a case where the judge had no hesitation in striking out both a defence and counterclaim.  The counterclaim had no prospect of success, the defence breached every rule and principle relating to statements of case. The judge, helpfully,…

INCREASED COSTS AND "MYSTIFYING" PLEADINGS: A WARNING TO THOSE DRAFTING DEFENCES: IT'S GOING TO COST YOU

June 23, 2015 · by gexall · in Civil evidence, Civil Procedure, Costs, Members Content

The judgment of Mr Justice Edis in Davies -v- Forrett [2015] EWHC 1761 QB is an object lesson on the dangers of lax pleading. Denying the relevance of a conviction in a pleading led to the joinder of a number…

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