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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » September » 11
SERVICE POINTS 8: APPLICANT FAILS TO SERVE THE SECRETARY OF STATE PROPERLY: A BAD NIGHT AT THE MUSEUM...

SERVICE POINTS 8: APPLICANT FAILS TO SERVE THE SECRETARY OF STATE PROPERLY: A BAD NIGHT AT THE MUSEUM…

September 11, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Serving documents

I don’t know how many planning lawyers subscribe to this site – it may be none do. However I am fairly confident that they could get full value out of their subscription if it persuaded them to pay attention to…

COST (MEGA) BITES 286: AND YOU SAID THAT WITH AN "ADMIRABLY STRAIGHT FACE": "OVERLAWYERING" CONSIDERED IN AN EXHAUSTING CASE

COST (MEGA) BITES 286: AND YOU SAID THAT WITH AN “ADMIRABLY STRAIGHT FACE”: “OVERLAWYERING” CONSIDERED IN AN EXHAUSTING CASE

September 11, 2025 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

We are looking at a case that has already been subject to several posts on this site.  In the previous decision about budgeting the claimants’ budgets were described as “absurdly high” and the arguments “strains all credulity”.   The court is…

THE CURRENT IMPORTANT OF PLEADINGS 32: "BOTH THE PARTICULARS OF CLAIM AND DEFENCE ARE LENGTHY DOCUMENTS, UNJUSTIFIABLY SO"

THE CURRENT IMPORTANT OF PLEADINGS 32: “BOTH THE PARTICULARS OF CLAIM AND DEFENCE ARE LENGTHY DOCUMENTS, UNJUSTIFIABLY SO”

September 11, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

We are here honing on in one aspect of a decision that was about allocation.  The judge commented on how poor the pleadings of both side were. The Particulars of Claim and Defence were too long, a Reply was unnecessary. …

APPLICANTS FOR INJUNCTIONS: WHY ARE YOU ASKING FOR AN INJUNCTION BUT NOT ISSUING PROCEEDINGS BEFOREHAND? THAT PRACTICE SHOULD STOP: HIGH COURT DECISION

APPLICANTS FOR INJUNCTIONS: WHY ARE YOU ASKING FOR AN INJUNCTION BUT NOT ISSUING PROCEEDINGS BEFOREHAND? THAT PRACTICE SHOULD STOP: HIGH COURT DECISION

September 11, 2025 · by gexall · in Applications, Civil Procedure, Injunctions, Members Content

Here we are looking at the (to my mind somewhat risky) practice of applying for and obtaining an injunction, without actually issuing proceedings.  This judgment is a reminder that this should only happen in exceptional circumstances. (This was an injunction…

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Recent Posts

  • ENFORCEMENT BULLETIN 7: SECOND ATTEMPT TO ENFORCE A FOREIGN JUDGMENT WAS (AMONG OTHER THINGS) AN ABUSE OF PROCESS
  • LITIGATOR’S LIFELINES 3: WHAT IF YOU HAVE SERVED A SCHEDULE OF COSTS LATE?
  • THROWBACK FRIDAY: “SKELETON ARGUMENTS – DO THEM PROPERLY OR YOU WON’T GET PAID” (NOVEMBER 2014)
  • COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …

Top Posts

FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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