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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE CURRENT IMPORTANCE OF PLEADINGS 74: A PARTY CANNOT SIMPLY SEEK TO AMEND THE LIST OF ISSUES TO INCLUDE AN ISSUE THAT IT HAS NEVER PLEADED

THE CURRENT IMPORTANCE OF PLEADINGS 74: A PARTY CANNOT SIMPLY SEEK TO AMEND THE LIST OF ISSUES TO INCLUDE AN ISSUE THAT IT HAS NEVER PLEADED

May 20, 2026 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

Here we have an unusual case in that the defendant, rather than seeking to amend its defence, sought permission to amend the list of issues to enable it to argue a new point which (the judge found) had not been…

SORTING MAJOR PROBLEMS OUT IN THE MIDDLE OF A TRIAL: SCHEDULES AND STATEMENT OF ISSUES SHOULD BE PREPARED IN ADVANCE NOT DURING A TRIAL

October 6, 2014 · by gexall · in Applications, Civil Procedure, Costs, Damages, Disclosure, Members Content, Statements of Case, Written advocacy

The major purpose of case management is to ensure that when a matter reaches trial the parties, and the judge, know precisely what the issues are in Redd Factors  -v- Bombadier Transportation [2014] EWCH 3138 (QB) this process clearly went…

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