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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 02
ANOTHER CASE ON FAILING TO PAY THE COURT FEE: AN APPEAL WAS STILL LODGED IN TIME EVEN THOUGH NO FEE WAS PAID AT ALL

ANOTHER CASE ON FAILING TO PAY THE COURT FEE: AN APPEAL WAS STILL LODGED IN TIME EVEN THOUGH NO FEE WAS PAID AT ALL

April 2, 2026 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Court fees, Members Content

Here we have a case that extends the principles in Siniakovich v Hassan-Soudey. The Court of Appeal held that a statutory appeal was lodged within time, even though it was sent by email to the court and no fee was…

SERVICE POINTS 32: MISSING OUT THE NAME OF THE ROAD ON THE CLAIM FORM  DID NOT INVALIDATE SERVICE

SERVICE POINTS 32: MISSING OUT THE NAME OF THE ROAD ON THE CLAIM FORM DID NOT INVALIDATE SERVICE

April 2, 2026 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form

The judge here considered an argument that a failure to include the name of the defendant’s street on the claim form meant that service was defective.  This argument was rejected.  The fact that the street was mentioned on the land…

MAZUR IN THE COURT OF APPEAL: THE IMPLICATIONS FOR PRACTITIONERS: (THIS IS NOT "AS YOU WERE"):  WEBINAR 9th APRIL 2026

MAZUR IN THE COURT OF APPEAL: THE IMPLICATIONS FOR PRACTITIONERS: (THIS IS NOT “AS YOU WERE”): WEBINAR 9th APRIL 2026

April 2, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Webinar

I have already written about the misunderstandings that have occurred in relation to the Mazur judgment.  The judgment is far more nuanced than some commentators suggest and a detailed knowledge of what is required is essential for anyone involved in…

COST BITES 369: SOMETIMES LITIGATION IS MORE ART THAN SCIENCE: "BANKSY" ENTITLED TO INDEMNITY COSTS AFTER ACTION DISCONTINUED, BUT NOT A NON-PARTY COSTS ORDER

COST BITES 369: SOMETIMES LITIGATION IS MORE ART THAN SCIENCE: “BANKSY” ENTITLED TO INDEMNITY COSTS AFTER ACTION DISCONTINUED, BUT NOT A NON-PARTY COSTS ORDER

April 2, 2026 · by gexall · in Appeals, Civil Procedure, Conduct, Costs, Members Content

Here we have a case where the claimant discontinued. Discontinuance made the claimant liable to pay costs.  However in this case it was ordered to pay costs on the indemnity basis (from a key date).   The judge then considered the…

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NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES' COURT, THE LANDS CHAMBER (AND MANY OTHERS)
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"
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...)

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