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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COURT OF APPEAL JUDGMENT TODAY ON ANONYMITY AND REPORTING RESTRICTION ORDERS IN CLINICAL NEGLIGENCE CASES BROUGHT BY CHILDREN AND PROTECTED PARTIES

COURT OF APPEAL JUDGMENT TODAY ON ANONYMITY AND REPORTING RESTRICTION ORDERS IN CLINICAL NEGLIGENCE CASES BROUGHT BY CHILDREN AND PROTECTED PARTIES

August 28, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Clinical Negligence, Members Content, Personal Injury

This is the first of several posts that will look at the Court of Appeal judgment today in relation to the principles concerning applications for anonymity and reporting restrictions on children and protected parties involved in litigation. Here was have…

ANOTHER COMPLAINT ABOUT COURT BUNDLES: "IT IS SIGNIFICANTLY MORE DIFFICULT TO PROMOTE THE INTERESTS OF JUSTICE..."

ANOTHER COMPLAINT ABOUT COURT BUNDLES: “IT IS SIGNIFICANTLY MORE DIFFICULT TO PROMOTE THE INTERESTS OF JUSTICE…”

August 28, 2025 · by gexall · in Applications, Bundles, Civil evidence, Civil Procedure, Members Content

It is getting to the stage that I am concerned about receiving complaints from readers if this blog does not have a regular feature on bundles.  In fact we have not looked at a case since June, so we are…

SERVICE POINTS 4:  DEFAULT JUDGMENT SET ASIDE: THE CONTRACTUAL METHOD OF SERVICE WAS UNFAIR AND THUS INVALID BECAUSE OF THE PROVISIONS OF THE CONSUMER RIGHTS ACT 2015

SERVICE POINTS 4: DEFAULT JUDGMENT SET ASIDE: THE CONTRACTUAL METHOD OF SERVICE WAS UNFAIR AND THUS INVALID BECAUSE OF THE PROVISIONS OF THE CONSUMER RIGHTS ACT 2015

August 28, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Service of the claim form, Serving documents, Setting aside judgment

There are relatively few cases relating to service of proceedings by a contractually agreed method.  We have some significant issues considered in this case. Firstly whether the defendants were, in fact, parties to the contract that the claimant relied upon…

THE CURRENT IMPORTANCE OF PLEADINGS 31: THE DEFENDANT DID NOT WANT TO TAKE A "PLEADING POINT", HOWEVER THE JUDGE REFUSED TO ALLOW THE CLAIMANT TO PURSUE THE ISSUE

THE CURRENT IMPORTANCE OF PLEADINGS 31: THE DEFENDANT DID NOT WANT TO TAKE A “PLEADING POINT”, HOWEVER THE JUDGE REFUSED TO ALLOW THE CLAIMANT TO PURSUE THE ISSUE

August 28, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case

We are looking at a case where a claimant, in closing submissions, attempted to take a point that had never been pleaded.  The defendants stance was that it did not want to take a “pleading point”, however the judge found…

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