Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » November » 04
MAZUR MATTERS 31:   THE LEGAL SERVICES BOARD REVIEW OF "WHY MAZUR WAS A SURPRISE"  - AND WHAT CHANGED AFTERWARDS?

MAZUR MATTERS 31: THE LEGAL SERVICES BOARD REVIEW OF “WHY MAZUR WAS A SURPRISE” – AND WHAT CHANGED AFTERWARDS?

November 4, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

The Legal Services Board has set out the scope of its review of “advice and guidance provided to the profession on the conduct of litigation by approved regulators and regulatory bodies”.   Stripped down to its basics the question being asked…

THE CURRENT IMPORTANCE OF PLEADINGS 34: APPEAL ALLOWED (IN PART) WHERE TRIAL JUDGE AWARDED DAMAGES BASED ON UNPLEADED ALLEGATIONS

THE CURRENT IMPORTANCE OF PLEADINGS 34: APPEAL ALLOWED (IN PART) WHERE TRIAL JUDGE AWARDED DAMAGES BASED ON UNPLEADED ALLEGATIONS

November 4, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

Here we have a case where the claimants’ case was based (in part) on conduct by one of the defendants that was not pleaded.   The defendant appealed on that basis.  On appeal the judge was not persuaded by the respondents’…

DEFENCES STRUCK OUT BECAUSE OF A FAILURE TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE:  SHOULD RELIEF FROM SANCTIONS BE GRANTED?

DEFENCES STRUCK OUT BECAUSE OF A FAILURE TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE: SHOULD RELIEF FROM SANCTIONS BE GRANTED?

November 4, 2025 · by gexall · in Applications, Civil Procedure, Members Content, Peremptory orders, Relief from sanctions

Here we look at a case where the defendants failed to comply with a peremptory order for disclosure.  The defences stood struck out.  The issue the judge had to determine was whether relief from sanctions should be granted. This in…

COST BITES 304: "NEGLIGENCE" HAS A PARTICULAR MEANING IN A WASTED COSTS APPLICATION: THERE MUST BE "SOMETHING AKIN TO AN ABUSE OF PROCESS".

COST BITES 304: “NEGLIGENCE” HAS A PARTICULAR MEANING IN A WASTED COSTS APPLICATION: THERE MUST BE “SOMETHING AKIN TO AN ABUSE OF PROCESS”.

November 4, 2025 · by gexall · in Civil Procedure, Costs, Members Content, Wasted Costs, Witness statements

The judgment here considers what is meant by “negligent” when wasted costs are sought against a legal representative.  The review of the authorities makes it clear that it has a specific meaning. (There is a Lord Denning judgment where he…

COST BITES 304: IN A DISPUTED WILL CASE WHO SHOULD PAY THE COSTS? WHAT SHOULD THE BASIS OF THE ORDER BE? SHOULD THERE BE AN INTERIM ORDER FOR COSTS?

COST BITES 304: IN A DISPUTED WILL CASE WHO SHOULD PAY THE COSTS? WHAT SHOULD THE BASIS OF THE ORDER BE? SHOULD THERE BE AN INTERIM ORDER FOR COSTS?

November 4, 2025 · by gexall · in Civil evidence, Civil Procedure, Costs, Interest, Interim Payments, Members Content

There are particular rules that relate to costs in probate proceedings. Here we look at a decision on costs that is of more general interest. The judge considered the issue of whether the unsuccessful defendant should pay the costs, the…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.3K other subscribers

Recent Posts

  • EXPERT WATCH 82: THE PROFOUND DANGERS OF AN EXPERT USING AI: “A SIGNIFICANT GAP BETWEEN THE VOICE AND OPINION OF THE EXPERT AND THE REPORT WHICH SHE HAS FILED”
  • SERVICE POINTS 58: ACCIDENT IN ENGLAND, CLAIMANTS LIVING IN AUSTRALIA: DEFENDANT’S APPLICATION TO CHALLENGE JURISDICTION REFUSED
  • EXPERT WATCH 81: EXPERT EVIDENCE ON APPEAL: COMPANY PERMITTED TO RELY ON IT EXPERT TO EXPLAIN WHY ITS DIRECTORS THOUGHT A REGULATOR’S EMAIL WAS A PHISHING ATTEMPT
  • THROWBACK FRIDAY: IN THE RUN UP TO HALLOWEEN: MISSIVES FROM THE BENCH (OCTOBER 2021): “THAT ONE’S HALF BLIND AND HALF DEAF. I CALL HIM THE COURT OF APPEAL…”
  • THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…

Top Posts

CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
SERVICE POINTS 57: PRESENCE IN THE JURISDICTION, A LAST KNOWN ADDRESS AND THE COST OF GETTING IT WRONG: UNSUCCESFUL CLAIMANT FACES A COSTS BILL OF £500,000...

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.