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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » December » 30
JURISDICTION CHALLENGE UNDER CPR 11 WAS "TOTALLY WITHOUT MERIT": THE APPLICANT HAD ACCEPTED JURISDICTION IN ANY EVENT: INDEMNITY COSTS ORDERED

JURISDICTION CHALLENGE UNDER CPR 11 WAS “TOTALLY WITHOUT MERIT”: THE APPLICANT HAD ACCEPTED JURISDICTION IN ANY EVENT: INDEMNITY COSTS ORDERED

December 30, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

Here we look at an unusual application to challenge jurisdiction under CPR Part 11.  It was unusual because it invited the court to consider the case on the merits. The court was not impressed with this approach, declaring it to…

REVIEW OF THE YEAR 12: MAZUR AND THE CONDUCT OF LITIGATION: 48 POSTS TO DATE…

December 30, 2025 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

I have saved this topic from being the 13th in the series. However it may be fitting if it was.  From the moment I read the the Mazur judgment for the first time it was clear that it was going…

REVIEW OF THE YEAR 11: OPENING LINES OF JUDGMENTS 2025: "FOR MILLIONS OF YEARS MEN LIVED JUST LIKE ANIMALS":  ST PAUL'S CATHEDRAL, SHERLOCK HOLMES AND FINDING INGENIOUS WAYS NOT TO PAY TAX: ALL LITIGATION LIFE IS HERE...

REVIEW OF THE YEAR 11: OPENING LINES OF JUDGMENTS 2025: “FOR MILLIONS OF YEARS MEN LIVED JUST LIKE ANIMALS”: ST PAUL’S CATHEDRAL, SHERLOCK HOLMES AND FINDING INGENIOUS WAYS NOT TO PAY TAX: ALL LITIGATION LIFE IS HERE…

December 30, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content

Consideration of the opening lines of judgments has been a feature of this blog for some years now. It has  sometimes been a way of providing a little light relief towards the end of what is often a 12 month…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
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