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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 08
WHEN CAN A JUDGE ADD ADDITIONAL MATERIAL TO A JUDGMENT AFTER HANDING DOWN? COURT OF APPEAL CONSIDERED THE ISSUE

WHEN CAN A JUDGE ADD ADDITIONAL MATERIAL TO A JUDGMENT AFTER HANDING DOWN? COURT OF APPEAL CONSIDERED THE ISSUE

January 8, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content

Here we are looking at an old case. However it has only recently arrived on BAILII and deals with an issue that remains relevant today. The Court of Appeal considered the issue of when is it appropriate for a judge…

ANOTHER EXAMPLE OF AN APPLICATION FOR AN EXPEDITED TRIAL BEING REFUSED: A GOOD REASON FOR EXPEDITION HAS TO BE SHOWN

ANOTHER EXAMPLE OF AN APPLICATION FOR AN EXPEDITED TRIAL BEING REFUSED: A GOOD REASON FOR EXPEDITION HAS TO BE SHOWN

January 8, 2026 · by gexall · in Applications, Civil Procedure, Members Content

As promised we are looking at a second case where an expedited hearing was refused.  The judge here went through the principles relating to expedition and found that good reasons had not been made out.   The judge also rejected an…

COST BITES 324: THE TIME FOR ASSESSING COSTS IS NOW - WHO KNOWS WHAT WILL HAPPEN LATER

COST BITES 324: THE TIME FOR ASSESSING COSTS IS NOW – WHO KNOWS WHAT WILL HAPPEN LATER

January 8, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

Here we are looking at an argument by a paying party that costs payable at an application should be reduced because the work would be required to be done at a later stage in any event. (The judge has no…

WHEN THE COURT REFUSES AN APPLICATION FOR AN EXPEDITED TRIAL: THERE IS NO POINT IN LABOURING THE ISSUE...

WHEN THE COURT REFUSES AN APPLICATION FOR AN EXPEDITED TRIAL: THERE IS NO POINT IN LABOURING THE ISSUE…

January 8, 2026 · by gexall · in Applications, Civil Procedure, Members Content

This is the first of two cases  today where we look at examples where the courts have refused to grant an order for an expedited trial.   This case was an unusual one, the judge reviewed the established principles and found…

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WHEN CHAT GPT DRAFTED A "SKELETON" ARGUMENT - 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES
SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS
WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS "HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS": A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
COURT REFUSES DEFENDANTS' APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT "WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH" IS NOT A GOOD STARTING PLACE

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