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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 19
LIMITATION IN ALLEGED SEXUAL ABUSE CASES: THE COURT DECLINED TO EXERCISE ITS DISCRETION UNDER S.33 "THE DELAY HAS ALREADY SIGNIFICANTLY UNDERMINED THE COGENCY OF THE EVIDENCE ABOUT WHETHER THE ABUSE TOOK PLACE AT ALL"

LIMITATION IN ALLEGED SEXUAL ABUSE CASES: THE COURT DECLINED TO EXERCISE ITS DISCRETION UNDER S.33 “THE DELAY HAS ALREADY SIGNIFICANTLY UNDERMINED THE COGENCY OF THE EVIDENCE ABOUT WHETHER THE ABUSE TOOK PLACE AT ALL”

February 19, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Limitation, Members Content, Personal Injury, Webinar

Here we have a case where the court refused to exercise its discretion under Section 33 of the Limitation Act in relation to allegations of sexual abuse that took place in the 1980s.  As the judgment notes this is an…

SERVICE POINTS 28 : EFFECTIVE SERVICE ON A RESIDENCE IN ENGLAND COULD NOT TAKE PLACE WHEN THE DEFENDANT WAS IN FACT ABROAD - AND LEGALLY PREVENTED FROM RETURNING

SERVICE POINTS 28 : EFFECTIVE SERVICE ON A RESIDENCE IN ENGLAND COULD NOT TAKE PLACE WHEN THE DEFENDANT WAS IN FACT ABROAD – AND LEGALLY PREVENTED FROM RETURNING

February 19, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

We are looking at a Court of Appeal judgment today which overturned a finding that a defendant had been properly served at an address in England.  The defendant was not living in England when proceedings were served and, indeed, there…

THE USE OF AI FOR PREPARING COURT DOCUMENTS: READ THE CIVIL JUSTICE COUNCIL INTERIM REPORT AND CONSULTATION

THE USE OF AI FOR PREPARING COURT DOCUMENTS: READ THE CIVIL JUSTICE COUNCIL INTERIM REPORT AND CONSULTATION

February 19, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

The Civil Justice Council has produced an interim report and consultation document on the use of AI for preparing Court documents.  This is worthwhile reading. It summarises many of the current issues “Artificial intelligence (“AI”) has enormous potential to be…

PROVING THINGS 281:THE CCC CASE IN THE SUPREME COURT:  LOSS OF EARNINGS AND CHILDREN: "THE COURT MUST ASSESS DAMAGES AS BEST IT CAN ON SUCH EVIDENCE AS IS REASONABLY AVAILABLE"

PROVING THINGS 281:THE CCC CASE IN THE SUPREME COURT: LOSS OF EARNINGS AND CHILDREN: “THE COURT MUST ASSESS DAMAGES AS BEST IT CAN ON SUCH EVIDENCE AS IS REASONABLY AVAILABLE”

February 19, 2026 · by gexall · in Civil evidence, Civil Procedure, Damages, Members Content

One of the things that the judgment in CCC -v- Sheffield has done is to highlight the issues relating to proving loss of earnings claims in relation to children. Indeed this difficulty in establishing such losses was a major issue…

CASE FAILED BECAUSE CLAIMANTS' SOLICITORS ATTEMPTED TO ISSUE USING THE WRONG METHOD: THE DANGERS OF LEAVING THINGS TO THE LAST MINUTE

CASE FAILED BECAUSE CLAIMANTS’ SOLICITORS ATTEMPTED TO ISSUE USING THE WRONG METHOD: THE DANGERS OF LEAVING THINGS TO THE LAST MINUTE

February 19, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Limitation, Members Content

There are always profound dangers in leaving the issue of proceedings to the last minute. This case illustrates that danger.  The claimants left it to days before the expiry of the limitation period before applying to issue.  They used the…

COURT OF APPEAL ALLOWS APPEAL AGAINST STRIKING OUT: THE APPELLANTS HAD NEVER BREACHED A PEREMPTORY ORDER: HOW "UNLESS ORDERS" SHOULD BE CONSTRUED

COURT OF APPEAL ALLOWS APPEAL AGAINST STRIKING OUT: THE APPELLANTS HAD NEVER BREACHED A PEREMPTORY ORDER: HOW “UNLESS ORDERS” SHOULD BE CONSTRUED

February 19, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Peremptory orders, Relief from sanctions

For the second time this month we are looking at a successful appeal against the construction of an “unless” order.  In both cases the judges below had found that the appellants had breached the order. In both cases that finding…

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