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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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  • LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (5): “THE HEARING WAS A SALUTARY LESSON IN HOW AI MAY PROMPT LAY PERSONS TO SAY THE RIGHT THINGS IN PLEADINGS, BUT CANNOT FURNISH THE EVIDENCE NEEDED TO ESTABLISH THOSE STATEMENTS”
  • THE DUTY OF FULL AND FRANK DISCLOSURE: USEFUL GUIDANCE AND AN ESSENTIAL CHECKLIST WHEN MAKING AN APPLICATION TO SERVE OUT…
  • A COURT SETS ASIDE AN ORDER MADE WITHOUT NOTICE: ANOTHER CASE THAT EMPHASISES THE IMPORTANCE OF FAIR PRESENTATION AT THESE APPLICATIONS: A LAWYER CANNOT SIMPLY PROMOTE A “CONSPIRACY THEORY” BUT MOST ACT OBJECTIVELY AND CAREFULLY
  • THE REPLY: THE THEME OF THE DAY: SIX USEFUL CHECKLISTS: MAKING SURE YOUR PLEADING DOESN’T FAIL THE BASIC TESTS
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