Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 06
COURT REFUSES DEFENDANT SOLICITORS APPLICATION FOR SUMMARY JUDGMENT: THE ONGOING CONSEQUENCES OF FAILING TO SERVE A CLAIM FORM PROMPTLY

COURT REFUSES DEFENDANT SOLICITORS APPLICATION FOR SUMMARY JUDGMENT: THE ONGOING CONSEQUENCES OF FAILING TO SERVE A CLAIM FORM PROMPTLY

May 6, 2025 · by gexall · in Applications, Avoiding negligence claims, Members Content, Service of the claim form, Summary judgment

The case we are looking at today involves the consequences, for the solicitors, of failing to serve a claim form. In an earlier case extensions of time for service of a claim form were set aside.   The client instructed new…

DOES AN  ELECTRONICALLY ISSUED AND SUBSEQUENTLY AMENDED CLAIM FORM REQUIRED RE-SEALING AND FILING PRIOR TO SERVICE? AN IMPORTANT ISSUE CONSIDERED

DOES AN ELECTRONICALLY ISSUED AND SUBSEQUENTLY AMENDED CLAIM FORM REQUIRED RE-SEALING AND FILING PRIOR TO SERVICE? AN IMPORTANT ISSUE CONSIDERED

May 6, 2025 · by gexall · in Amendment, Applications, Avoiding negligence claims, Members Content, Service of the claim form

If a claimant serves a “amended” claim form that has not been resealed does that amount to good service? That issue was considered in the case we are considering today.  The result is of considerable practical significance. However it pays…

THE ROLE OF LEADING COUNSEL IN RELATION TO EXPERT REPORTS AND WITNESS STATEMENTS: A CLIENT CAN PAY FOR WHAT THEY WANT, BUT THESE COSTS WILL NOT BE RECOVERABLE INTER PARTES

THE ROLE OF LEADING COUNSEL IN RELATION TO EXPERT REPORTS AND WITNESS STATEMENTS: A CLIENT CAN PAY FOR WHAT THEY WANT, BUT THESE COSTS WILL NOT BE RECOVERABLE INTER PARTES

May 6, 2025 · by gexall · in Assessment of Costs, Case Management, Civil evidence, Costs, Costs budgeting, Members Content

How far should leading counsel, or counsel generally, be involved in the preparation of expert reports and witness statements?   One obvious reply is “not at all”, given that the evidence should come from the expert or witness.  These issues were…

COST BITES 236 : COSTS BUDGETING CAN BE RETROSPECTIVE : BUDGET CONSIDERED FROM THE DATE OF THE CCMC NOT 11 MONTHS LATER

COST BITES 236 : COSTS BUDGETING CAN BE RETROSPECTIVE : BUDGET CONSIDERED FROM THE DATE OF THE CCMC NOT 11 MONTHS LATER

May 6, 2025 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Costs budgeting, Members Content

Can the court ever set a costs budget retrospectively?  In this case the judge held that it could, further there were good reasons for doing so in this case.   “I do not accept that the Court is unable to…

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

  • WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: 9th SEPTEMBER 2026: USEFUL GUIDANCE, CHECKLISTS AND QUESTIONNAIRES
  • SHOULD (OR CAN) THE COURT MAKE AN ORDER FOR PRE-ACTION DISCLOSURE WHEN THE PROPOSED DEFENDANT IS BASED IN ITALY? ANOTHER PAD APPLICATION COMES TO GRIEF…
  • THROWBACK FRIDAY:”WITNESS STATEMENTS: WHEN THINGS GO WRONG BLAME THE SOLICITOR” (SEPTEMBER 2016)
  • SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT
  • COST BITES 446 : SHOULD THE COURT HAVE MADE A NON-PARTY COSTS ORDER? SHOULD THE APPELLANT HAVE BEEN CROSS-EXAMINED AND WAS THE COURT BOUND TO ACCEPT HIS EVIDENCE?

Top Posts

SETTING ASIDE A DEFAULT JUDGMENT, DENTON AND DELAY: SHOULD THE COURT REFUSE THE DEFENDANT RELIEF BECAUSE THEY HAD CAUSED UNNECESSARY DELAY AND COSTS?
DEALING WITH FISH FILES, PROCRASTINATION AND DELAY: THE LITIGATOR'S FRIEND: A REMINDER OF USEFUL LINKS, POSTS AND GUIDANCE AND SOME USEFUL CHECKLISTS
WITNESS EVIDENCE WEDNESDAY: "BACKDATING LETTERS" TO DELIBERATELY MISLEAD COULD COST YOU: £4.58 MILLION IN THIS CASE: (METADATA COMES INTO PLAY NOW)
COST BITES 443: USEFUL CHECKLISTS: A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)
ADVOCACY THE JUDGE'S VIEW SERIES 4: A RECAP OF THE PREVIOUS SERIES AND THE DEADLY SINS OF ADVOCATES: DON'T BE CONFUSING OR BORING

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

Loading Comments...

You must be logged in to post a comment.