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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 15
PERSONAL INJURY POINTS 3: A SOLICITOR INJURED AT WORK FAILS TO ESTABLISH LIABILITY: A DOOR IS NOT WORK EQUIPMENT

PERSONAL INJURY POINTS 3: A SOLICITOR INJURED AT WORK FAILS TO ESTABLISH LIABILITY: A DOOR IS NOT WORK EQUIPMENT

May 15, 2025 · by gexall · in Members Content, Personal Injury

The question of what is work equipment can be a fairly fundamental one for personal injury lawyers.  There can still be something akin to strict liability under the provisions of the Employer’s Liability (Defective Equipment) Act 1969. Here we consider…

ANOTHER (YES ANOTHER) CASE OF FAKE AUTHORITIES BEING CITED TO THE COURT: APPEAL STRUCK OUT AS AN ABUSE OF PROCESS

ANOTHER (YES ANOTHER) CASE OF FAKE AUTHORITIES BEING CITED TO THE COURT: APPEAL STRUCK OUT AS AN ABUSE OF PROCESS

May 15, 2025 · by gexall · in Advocacy, Appeals, Civil evidence, Civil Procedure, Conduct, Members Content

Unbelievably we are looking at another case where the court found that false authorities had been cited to it.  The appeal was struck out as an abuse of process.   “In my judgment, the Court needs to take decisive action…

THE DEFENDANT'S DELAY LEADS TO COURT OF APPEAL REFUSING TO SET ASIDE DEFAULT JUDGMENT: THE IMPORTANCE OF BEING PROMPT

THE DEFENDANT’S DELAY LEADS TO COURT OF APPEAL REFUSING TO SET ASIDE DEFAULT JUDGMENT: THE IMPORTANCE OF BEING PROMPT

May 15, 2025 · by gexall · in Appeals, Members Content, Setting aside judgment

Today we are looking at a case where a defendant waited 16 months before applying to set aside a default judgment. That application to set aside was successful at first instance but overturned by the Court of Appeal. The Court…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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