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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

  • DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL
  • WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
  • CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE…
  • THE CURRENT IMPORTANCE OF PLEADINGS 95: THE DEFENDANT’S ARGUMENT THAT THE JUDGE HAD AWARDED THE CLAIMANTS MORE THAN THEIR PLEADED CASE
  • EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE

Top Posts

COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"
PROPORTIONALITY IN LITIGATION (1): A TEN POINT GUIDE FOR CIVIL LITIGATORS: A REVIEW OF CASE LAW AND POSTS OVER THE PAST 13 YEARS
THE SRA CANNOT COMPEL A SOLICITOR TO DISCLOSE A CLIENT’S PRIVILEGED DOCUMENTS: THE FUNDAMENTAL IMPORTANCE OF LEGAL PROFESSIONAL PRIVILEGE

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