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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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