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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

  • COST BITES 415: A LOOK AT SOME SUMMARY ASSESSMENTS IN AN ACTION: HOURLY RATES NOT GOING FOR A SONG
  • WE HAD SUCH A HOPELESS CASE WE SHOULDN’T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN “AIR OF UNREALITY” ABOUT THEM
  • COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER
  • CIVIL PROCEDURE, OPAQUE EVIDENCE AND “YOU SHOULD HAVE KNOWN”: ARGUMENTS THAT HAVE BEEN REJECTED BY THE COURTS – TWO EXAMPLES AND THE UNHAPPY CONSEQUENCES FOR THE LITIGANTS…
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