Civil procedure continues to evolve with a distinctly practical edge. In his latest 'Civil way' column for NLJ, Stephen Gold highlights how courts are resisting technical traps—from overlooking missing costs schedules to admitting late surveillance evidence where no ‘ambush’ arises
In Middleton v Carnival, footage undermining a £10m injury claim was allowed despite late disclosure, reflecting a balance between fairness and evidential value.
Meanwhile, contentious probate retains its ‘special treatment’, with courts weighing whether disputes stem from the testator or justify investigation before allocating costs.
Elsewhere, procedural missteps—such as using the wrong insolvency route to evict trespassers—remain fatal. The message is clear: courts favour substance over form, but litigants who misjudge procedure or evidence risk costly consequences.
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