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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…

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