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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 13
CLAIMS AGAINST THE SECRETARY OF STATE FOR DEATHS ARISING FROM COVID WERE STRUCK OUT: CAUSATION COULD NOT BE ESTABLISHED

CLAIMS AGAINST THE SECRETARY OF STATE FOR DEATHS ARISING FROM COVID WERE STRUCK OUT: CAUSATION COULD NOT BE ESTABLISHED

January 13, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Fatal Accidents, Members Content, Striking out, Summary judgment

In this case, decided yesterday,  the court struck out the claimants’ case alleging that deaths were caused by, or materially contributed to, by the negligence of the defendant. The court had the important caveats in relation to the striking out…

COST BITES 326: DEFENDANT SUCCESSFUL IN  OBTAINING A NON-PARTY COSTS ORDER: FARES FAIR IN THE BUS STATION CASE...

COST BITES 326: DEFENDANT SUCCESSFUL IN OBTAINING A NON-PARTY COSTS ORDER: FARES FAIR IN THE BUS STATION CASE…

January 13, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content

This judgment today is an interesting illustration of the fact that those providing support to a party can find themselves the subject of a non-party costs order. In this case the claimant company was in liquidation. The respondents to the…

AN APPLICATION FOR PRE-ACTION DISCLOSURE:  THIS IS NOT A "FISHING EXPEDITION" AND IT IS AN APPROPRIATE CASE TO MAKE AN ORDER

AN APPLICATION FOR PRE-ACTION DISCLOSURE: THIS IS NOT A “FISHING EXPEDITION” AND IT IS AN APPROPRIATE CASE TO MAKE AN ORDER

January 13, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

It is rare to see a fully reasoned judgment from the High Court in relation to an application for pre-action disclosure.  Here we have a case where the rules and principles were considered an applied.  There are some important lessons…

INTEREST RATE DECREASED ON THE COURT FUNDS OFFICE SPECIAL AND BASIC ACCOUNTS: THE AMOUNTS AND A REMINDER OF A USEFUL ONLINE TOOL

INTEREST RATE DECREASED ON THE COURT FUNDS OFFICE SPECIAL AND BASIC ACCOUNTS: THE AMOUNTS AND A REMINDER OF A USEFUL ONLINE TOOL

January 13, 2026 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Interest, Members Content, Personal Injury

The interest rates payable on Court Fund accounts have decreased. THE CHANGES The changes are announced here. They took effect on the 9th January 2026.   Special Account – decreased from 4.00% to 3.75% Basic Account – decreased from 3.00%…

ASKING THE JUDGE TO DETERMINE ISSUES OF OWNERSHIP WAS NOT AN ABUSE OF PROCESS: THE SAME ARGUMENT RAN TWICE (UNSUCCESSFULLY ON BOTH OCCASIONS...)

ASKING THE JUDGE TO DETERMINE ISSUES OF OWNERSHIP WAS NOT AN ABUSE OF PROCESS: THE SAME ARGUMENT RAN TWICE (UNSUCCESSFULLY ON BOTH OCCASIONS…)

January 13, 2026 · by gexall · in Abuse of Process, Applications, Civil evidence, Civil Procedure, Members Content

Here we consider an argument that it was an abuse of process for a litigant to argue issues that were directly related to another action between the parties that had been stayed.  The judge held that this was not an…

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  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
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