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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » November » 11

APPEAL STRUCK OUT BECAUSE OF APPELLANTS’ FAILURE TO FILE A COMPLIANT BUNDLE: RELIEF FROM SANCTIONS REFUSED

November 11, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Bundles, Civil Procedure, Members Content, Relief from sanctions

All those involved in the appeal process, indeed litigation generally, are best advised to read this judgment.  It is about the standard the court’s expect when an appeal is being brought. It is also about procedural failures and failures to…

DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025

November 11, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Relief from sanctions

This year has see more than its fair share of cases relating to default, sanctions and wasted costs. Knowing what those cases are, the problems that arose, how they were caused and the results are essential skills for litigators.  More…

COURT CONSIDERS APPLICATION FOR FURTHER DISCLOSURE MADE ON THE THIRD DAY OF THE TRIAL: "THIS SHOULD HAVE BEEN MADE MANY MONTHS BEFORE..."

COURT CONSIDERS APPLICATION FOR FURTHER DISCLOSURE MADE ON THE THIRD DAY OF THE TRIAL: “THIS SHOULD HAVE BEEN MADE MANY MONTHS BEFORE…”

November 11, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Disclosure, Members Content

It is unusual for an application for further disclosure, particularly extensive disclosure, to be made part way through a trial. The judge considered such an application in this case.  This led to the obvious question – why wasn’t this application…

MAZUR MATTERS 36: UPDATED GUIDANCE FROM AN INSURER: THE NEW DUTIES ON THOSE WHO “SUPERVISE” – THEY NOW HAVE TO “CONDUCT”

November 11, 2025 · by gexall · in Civil evidence, Costs, Members Content, Useful links

Some of the most useful guidance on compliance and Mazur has come from insurers (perhaps unsurprisingly).  It is significant that one of the major insurers has already updated and revised its guidance.  This guidance is essential reading for anyone involved…

TALES FROM THE COST LAW CONFERENCE SOME BRIEF POINTS (3): COSTS JUDGE SIMON BROWN ON THE NUTS AND BOLTS OF COSTS BUDGETING

TALES FROM THE COST LAW CONFERENCE SOME BRIEF POINTS (3): COSTS JUDGE SIMON BROWN ON THE NUTS AND BOLTS OF COSTS BUDGETING

November 11, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Costs budgeting, Members Content

Costs Judge Brown makes the point here that costs budgeting is here to stay. There are a few basic issues, the “nuts and bolts” of budgeting which help ensure that the whole process runs smoothly. (You can never underestimate the…

ANOTHER "BUNDLES" ISSUE: THE NEED FOR COMPLIANCE WITH THE PRACTICE DIRECTION ON THE CITATION OF AUTHORITIES; "I'M PICKING UP BAD CITATIONS" - THE REMIX...

ANOTHER “BUNDLES” ISSUE: THE NEED FOR COMPLIANCE WITH THE PRACTICE DIRECTION ON THE CITATION OF AUTHORITIES; “I’M PICKING UP BAD CITATIONS” – THE REMIX…

November 11, 2025 · by gexall · in Appeals, Applications, Bundles, Civil Procedure, Members Content

It is often worthwhile looking at short judgments or comments at the end of a case, particularly in the Court of Appeal. They sometimes contain little gems of  very useful information.  We see that here in the short judgment of…

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LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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