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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 09
MAZUR MATTERS 46: A "CLAIMANT'S REPRESENTATIVE" HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL:  "IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME"

MAZUR MATTERS 46: A “CLAIMANT’S REPRESENTATIVE” HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL: “IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME”

January 9, 2026 · by gexall · in Applications, Civil Procedure, Members Content, Uncategorized

This is the first time I have seen Mazur mentioned and considered  in an issue as to rights of audience. In this case the judge held that the representative sent by the claimant to attend a small claims trial did…

THE CURRENT IMPORTANCE OF PLEADINGS 46:  THE DEFENDANT HAD AGREED THAT THE DEFENCE AS DRAFTED BROKE THE RULES

THE CURRENT IMPORTANCE OF PLEADINGS 46: THE DEFENDANT HAD AGREED THAT THE DEFENCE AS DRAFTED BROKE THE RULES

January 9, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case, Striking out

We are looking at a case where we get a hint of a defence that was so defective that, ultimately, the defendant agreed it should be struck out and entirely repleaded.  It provides an object lesson on how a defence…

THROWBACK FRIDAY: APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 POINTS TO IMPROVE THE ODDS: LOOKING BACK TO JANUARY 2016

THROWBACK FRIDAY: APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 POINTS TO IMPROVE THE ODDS: LOOKING BACK TO JANUARY 2016

January 9, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Witness statements

This blog celebrates its 13th birthday later this year.  Civil Litigation Brief started as a series in the Solicitors Journal 35 years ago. Needless to say it has a large “back catalogue”.  I wanted a regular opportunity to bring important…

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