Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » April » 19

SURVIVING MITCHELL 17: MAKE ANY APPLICATION BEFORE DEFAULT AND OBTAIN REALISTIC DIRECTIONS

April 19, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Risks of litigation

It is no coincidence that Rule 17 is identical to Rule 3.  In fact I could easily, and without apology, repeat this principle as rules 10 – 20.  If you cannot comply with a court order, direction or rule then…

MAKING AN APPLICATION BEFORE THE DATE OF DEFAULT SAVES THE DAY: KANERIA -v- KANERIA CONSIDERED

April 19, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions, Striking out, Witness statements

The Mitchell principles govern what happens when a party requires relief from sanctions.  An open question remained as to the principles  that apply  when a party applies for an extension of time before the expiry of the date for compliance….

THE CONSEQUENCES OF CHARTWELL 1: JUST DON'T EVER SERVE WITNESS STATEMENTS LATE

April 19, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Uncategorized, Witness statements

It is highly dangerous for litigators to view the  decision of the Court of Appeal in Chartwell -v- Fergies as any kind of step away from the Mitchell principles.  The case has already been outlined in detail in an earlier post….

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • EXPERT WATCH 58: SHOULD A DEFENDANT HAVE PERMISSION TO RELY UPON A NEW EXPERT WHICH WOULD LEAD TO THE TRIAL DATE BEING VACATED?
  • “I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT”: INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF “WE’LL COME INTO COURT WHEN WE WANT TO”…): I CAN’T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
  • COST BITES 415: A LOOK AT SOME SUMMARY ASSESSMENTS IN AN ACTION: HOURLY RATES NOT GOING FOR A SONG
  • WE HAD SUCH A HOPELESS CASE WE SHOULDN’T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN “AIR OF UNREALITY” ABOUT THEM
  • COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER

Top Posts

REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
WHY PRINCE HARRY (AND OTHER PROMINENT CLAIMANTS) LOST WHEN THE JUDGE FOUND THAT THEY WERE ALL HONEST WITNESSES - BUT OTHER WITNESSES THEY CALLED PROVED TO BE "HOSTILE"
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
HALLUCINATED CASE LAW AND THE CROWN PROSECUTION SERVICE (OF ALL BODIES...)
WAS A SOLICITOR'S CAP ON LIABILITY FOR NEGLIGENCE TO £3 MILLION "REASONABLE": COULD IT SURVIVE THE UNFAIR CONTRACT TERMS ACT REQUIREMENTS?

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop