Civil Litigation Brief
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » March » 27
COURT OF APPEAL OVERTURNS REFUSAL TO GRANT ADJOURNMENT OF COMMITTAL APPLICATION: THE COURT HAD AN OBLIGATION TO ENSURE THAT A PARTY COULD AVAIL THEMSELVES OF LEGAL REPRESENTATION

COURT OF APPEAL OVERTURNS REFUSAL TO GRANT ADJOURNMENT OF COMMITTAL APPLICATION: THE COURT HAD AN OBLIGATION TO ENSURE THAT A PARTY COULD AVAIL THEMSELVES OF LEGAL REPRESENTATION

March 27, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Committal proceedings, Members Content

In this case the Court of Appeal overturned a decision not to grant an adjournment of committal proceedings.  The Court held that the judge below did not appear to be aware of the fact that a respondent to committal proceedings…

HOW A FIRM OF SOLICITORS SHOULD NOT CONDUCT THEMSELVES IN LITIGATION: A WORKING EXAMPLE: EVIDENCE THAT WAS "GENERALLY UNRRELIABLE" AND "LACKING IN CREDIBILITY"

HOW A FIRM OF SOLICITORS SHOULD NOT CONDUCT THEMSELVES IN LITIGATION: A WORKING EXAMPLE: EVIDENCE THAT WAS “GENERALLY UNRRELIABLE” AND “LACKING IN CREDIBILITY”

March 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Witness statements

Here we are looking at a judgment that contains some remarkable observations  and findings about the conduct of a solicitor.  The judge was concerned not only about the failure to comply with directions, the inadequate nature of the statement of…

PROVING THINGS 284: APPLICANT FOR INJUNCTION FAILS ON JUST ABOUT EVERY POINT: THE CASE WAS DIFFICULT TO UNDERSTAND; NO EVIDENCE OF A RISK OF DISSIPATION;  MATTERS THAT LEAVE THE JUDGE "BAFFLED" AND UNCOMFORTABLE

PROVING THINGS 284: APPLICANT FOR INJUNCTION FAILS ON JUST ABOUT EVERY POINT: THE CASE WAS DIFFICULT TO UNDERSTAND; NO EVIDENCE OF A RISK OF DISSIPATION; MATTERS THAT LEAVE THE JUDGE “BAFFLED” AND UNCOMFORTABLE

March 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Injunctions, Members Content, Witness statements

The applicant in this case sought an injunction. The application was (unusually) made on notice.  The respondent did not have the opportunity to put in evidence.  The applicant failed on just about every point. It was unclear what the applicant’s…

GETTING YOUR CASE INTO THE RIGHT COURT: A BIZARRE DECISION TO PUT A  CASE IN THE CHANCERY DIVISION: MAKING THE CORRECT SELECTION IS IMPORTANT AND MIGHT MATTER

GETTING YOUR CASE INTO THE RIGHT COURT: A BIZARRE DECISION TO PUT A CASE IN THE CHANCERY DIVISION: MAKING THE CORRECT SELECTION IS IMPORTANT AND MIGHT MATTER

March 27, 2026 · by gexall · in Applications, Civil Procedure, Members Content

It is important that cases are managed, and heard, in the appropriate specialist court. Here we have a case that went on a frolic of its own into the Chancery Division for a while before being put back into the…

THROWBACK FRIDAY: MAKING A MISTAKE AND THEN BIGGING A DEEPER HOLE FOR YOURSELF: MARCH 2018

THROWBACK FRIDAY: MAKING A MISTAKE AND THEN BIGGING A DEEPER HOLE FOR YOURSELF: MARCH 2018

March 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

Here we are looking at a set of circumstances that we have seen  many time, both before and after this post from March 2018. A lawyer makes a mistake, panics and then makes horrendous decisions in an attempt to cover…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 16.8K other subscribers

Recent Posts

  • CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP – BUT HINDER: “I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT’S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME”
  • THROWBACK FRIDAY: THE DANGERS OF LETTING WITNESSES GIVE “OPINION” EVIDENCE: TWELVE YEARS ON AND THINGS MAY HAVE NOT CHANGED THAT MUCH: APRIL 2014
  • PROVING THINGS 287: CLAIMS FOR FUTURE LOSS OF EARNINGS OF A CHILD: A JUDGMENT FROM YESTERDAY (AND A WEBINAR NEXT MONDAY…)
  • “OVERHEATED LANGUAGE” A “CAVALIER APPROACH” AND “THIN ALLEGATIONS”: WHY IT PAYS TO BE CAREFUL AND DETAILED WHEN MAKING APPLICATIONS TO DISCHARGE INJUNCTIONS

Top Posts

  • CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP - BUT HINDER: "I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT'S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME"
  • MAZUR MATTERS 61: A COMPARISON OF THE LAW SOCIETY GUIDANCE BEFORE AND AFTER THE COURT OF APPEAL DECISION
  • GRIFFITHS -v- TUI: SUPREME COURT FINDS FOR THE CLAIMANT: THE TRIAL WAS UNFAIR: POINTS SHOULD HAVE BEEN PUT TO THE EXPERT
  • MAZUR MATTERS 55: THINGS WE DON'T KNOW THE ANSWER TO (2): WHAT DEGREE OF SUPERVISION IS REQUIRED: THIS "WILL ALWAYS DEPEND ON THE CIRCUMSTANCES"

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief

Powered by Big Yellow Workshop

 

Loading Comments...
 

You must be logged in to post a comment.