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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE RULES AND GUIDANCE RELATING TO NON-PARTY DISCLOSURE CONSIDERED AND APPLIED: "THE EXCEPTION RATHER THAN THE RULE"

THE RULES AND GUIDANCE RELATING TO NON-PARTY DISCLOSURE CONSIDERED AND APPLIED: “THE EXCEPTION RATHER THAN THE RULE”

July 15, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Disclosure, Members Content, Witness statements

We are returning to the issue of non-party disclosure, indeed to the same case as the previous post. That post highlighted the Master’s concerns about the way in which claimant’s application had been conducted.  The same judgment also contains a…

HOW NOT TO MAKE AN APPLICATION FOR NON-PARTY DISCLOSURE - AN OBJECT LESSON: "THE APPLICATION WAS... FATALLY FLAWED FROM THE OUTSET AND SHOULD NEVER HAVE BEEN MADE"

HOW NOT TO MAKE AN APPLICATION FOR NON-PARTY DISCLOSURE – AN OBJECT LESSON: “THE APPLICATION WAS… FATALLY FLAWED FROM THE OUTSET AND SHOULD NEVER HAVE BEEN MADE”

July 15, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Disclosure, Members Content, Witness statements

Today we are looking at a case that everyone involved in making an application for non-party disclosure should read. The Master was highly critical of the applicant’s conduct of the application and the evidence in support. It proved to be…

"GOOGLESPOOFING" AND THIRD PARTY DISCLOSURE: DEFENDANT FAILS TO PERSUADE THE COURT THAT RECORDINGS ARE NECESSARY

“GOOGLESPOOFING” AND THIRD PARTY DISCLOSURE: DEFENDANT FAILS TO PERSUADE THE COURT THAT RECORDINGS ARE NECESSARY

May 8, 2024 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

In Parker v Skyfire Insurance Company Ltd [2024] EWHC 1060 (KB)  Mrs Justice Dias dismissed a defendant’s appeal against a refusal to give disclosure of documents of a third party car hire company.   The documents were not necessary to dispose…

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