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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » October » 31
AS IT STARTS TO GET DARK: LAWYERS HALLOWEEN STORIES: DIGGING UP THE PAST...

AS IT STARTS TO GET DARK: LAWYERS HALLOWEEN STORIES: DIGGING UP THE PAST…

October 31, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Relief from sanctions, Well being

Way back in the mists of antiquity (2017) I invited lawyers on Twitter (Now “X”) to share their views on what scares the legal profession most.  The first post came from Megan Boyd (based in Atlanta, Georgia).  This shows that…

NON-COMPLIANCE WITH A STATUTORY OBLIGATION TO OBTAIN PERMISSION PRIOR TO ISSUE LEADS TO AN ACTION BEING A NULLITY

NON-COMPLIANCE WITH A STATUTORY OBLIGATION TO OBTAIN PERMISSION PRIOR TO ISSUE LEADS TO AN ACTION BEING A NULLITY

October 31, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Personal Injury

We are looking here at at case where an action was struck out because of  a failure to obtain permission of the court to issue proceedings. The judge rejected the claimant’s contention that the statute in question should be read…

DOES THE COUNTY COURT HAVE JURISDICTION TO DECIDE AN ACTION BROUGHT ON A FOREIGN JUDGMENT? SHOULD THE ACTION BE STRUCK OUT?

DOES THE COUNTY COURT HAVE JURISDICTION TO DECIDE AN ACTION BROUGHT ON A FOREIGN JUDGMENT? SHOULD THE ACTION BE STRUCK OUT?

October 31, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Striking out

Here we have the County Court considering an unusual issue of jurisdiction. Does it have jurisdiction to decide an action brought at common law on a foreign judgment? If it does not should the action be struck out or simply…

MAZUR(ISH) MATTERS 28: IT WAS “SLIGHTLY SURPRISING” THAT A PARALEGAL “DID NOT KNOW MORE ABOUT THE REGULATORY ENVIRONMENT APPLICABLE TO NON-SOLICITORS”

October 31, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

Here we look at a judge’s comments outside the ambit of litigation.  Nevertheless it shows that the issue of professional regulation and the use of “non-authorised” employees within solicitor’s firms may well become a more important issue in the future….

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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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