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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 09
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION(1): A PRIMER FOR "WHEN THE SKY IS FALLING"

WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION(1): A PRIMER FOR “WHEN THE SKY IS FALLING”

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

Very little (if any) of the legal curriculum is devoted to what to do when things go wrong.  Not enough (in my view) is devoted to preventing things go wrong.  However here we concentrate on what do when something goes…

ANOTHER ISSUE ABOUT UNLESS ORDERS:  CAN A COURT MAKE AN ORDER SPECIFYING A SUM FOR DAMAGES IF THE DEFENDANT DOES NOT COMPLY?

ANOTHER ISSUE ABOUT UNLESS ORDERS: CAN A COURT MAKE AN ORDER SPECIFYING A SUM FOR DAMAGES IF THE DEFENDANT DOES NOT COMPLY?

February 9, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct, Members Content, Relief from sanctions

There have been a number of cases about unless orders recently.  This one looks at the issue of whether the court can make an order and state that, if there is default, the claimant can enter judgment for a specific…

WE HAVE SEEN HOW  ALLEGED FAILURES IN PROVIDING COSTS INFORMATION  EXPOSES SOLICITORS' FIRMS TO RISK : A STRATEGY TO AVOID THE SAME OUTCOMES: ADVANCE NOTICE OF WEBINAR ON THE 19th MARCH 2026

WE HAVE SEEN HOW ALLEGED FAILURES IN PROVIDING COSTS INFORMATION EXPOSES SOLICITORS’ FIRMS TO RISK : A STRATEGY TO AVOID THE SAME OUTCOMES: ADVANCE NOTICE OF WEBINAR ON THE 19th MARCH 2026

February 9, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Members Content, Webinar

Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered to repay substantial fees and pay significant compensation for failures in costs information — even where the underlying litigation has been competently conducted. This webinar uses Knight and other recent…

BACK TO BASICS MONDAY: WHEN YOU MUST AND WHEN YOU CAN'T SERVE THE CLAIM FORM ON A SOLICITOR: TRY TO AVOID TELLING THE COURT YOU ARE "SURPRISED" BY THE RULES...

BACK TO BASICS MONDAY: WHEN YOU MUST AND WHEN YOU CAN’T SERVE THE CLAIM FORM ON A SOLICITOR: TRY TO AVOID TELLING THE COURT YOU ARE “SURPRISED” BY THE RULES…

February 9, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

The issue of when a claim form can be served on a defendant’s solicitor is one that has been considered many times on this site over the years.  There can be two fatal errors for claimants.  (1) Serving on a…

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Recent Posts

  • BACK TO BASICS MONDAY: WHEN A RULE OR AN ORDER PRESCRIBES A PAGE LIMIT TO A WITNESS STATEMENT – THEN YOU’D BETTER STICK TO IT: THE COURT IS UNLIKELY TO CONDONE “FORENSIC CHEATING”
  • RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT “DOES NOT EMBODY A PRINCIPLE OF “BREACH NOW REPENT LATER”
  • CHILDREN AND FATAL ACCIDENT LITIGATION 2026: WEBINAR 30th JUNE 2026
  • COST BITES 406: CAN A PARTY RECOVER UNNECESSARY COSTS AS DAMAGES? THE CONSEQUENCES OF AN UNNECESSARY SECOND ACTION CONSIDERED IN THE HIGH COURT
  • THE WEBINAR ON THE SRA GUIDANCE ON EFFECTIVE SUPERVISION: WHAT LITIGATION FIRMS NEED TO KNOW: TOGETHER WITH LOTS OF CHECKLISTS AND TEMPLATESNOW AVAILABLE “ON DEMAND”

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THE COURT OF APPEAL OVERTURNS A JUDICIAL REVIEW DECISION IN FAVOUR OF A SOLICITOR: THE OMBUDSMAN GOT NOTHING WRONG (QUITE A LOT HERE ABOUT VULNERABLE CLIENTS AS WELL...)
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A "MINI TRIAL"
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WHEN A LOCAL AUTHORITY REQUIRES RELIEF FROM SANCTIONS: "IT IS PARTICULARLY IMPORTANT THAT THE PUBLIC BODY FILES ITS PAPERS IN A TIMELY FASHION AND CO-OPERATES WITH THE CLAIMANT"

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