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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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  • WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 4: WHY IS PD57AC BREACHED SO OFTEN? “SOLICITORS MIGHT FEEL UNDER PRESSURE TO SIGN CERTIFICATES OF COMPLIANCE … EVEN WHEN THEY KNOW THAT STATEMENTS WERE NOT COMPLIANT…”
  • COST BITES 379: HIGH COURT JUDGE UPHOLDS DECISION THAT INTERIM BILLS WERE STATUTE BILLS AND THAT THE CLAIMANT COULD NOT SEEK ASSESSMENT OUT OF TIME
  • OPENING LINES TO START THE WEEK: “FOR CENTURIES, IT HAS BEEN RECOGNISED THAT HUMAN HEARING CAN BE DAMAGED BY EXPOSURE TO LOUD NOISE”
  • BACK TO BASICS MONDAY: WHEN YOU ARE SEEKING PERMISSION TO RELY ON EXPERT EVIDENCE THE COURT HAS TO KNOW HOW MUCH IT WILL ALL COST…

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  • OPENING LINES TO START THE WEEK: "FOR CENTURIES, IT HAS BEEN RECOGNISED THAT HUMAN HEARING CAN BE DAMAGED BY EXPOSURE TO LOUD NOISE"
  • BACK TO BASICS MONDAY: WHEN YOU ARE SEEKING PERMISSION TO RELY ON EXPERT EVIDENCE THE COURT HAS TO KNOW HOW MUCH IT WILL ALL COST...
  • COST BITES 379: HIGH COURT JUDGE UPHOLDS DECISION THAT INTERIM BILLS WERE STATUTE BILLS AND THAT THE CLAIMANT COULD NOT SEEK ASSESSMENT OUT OF TIME
  • WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 4: WHY IS PD57AC BREACHED SO OFTEN? "SOLICITORS MIGHT FEEL UNDER PRESSURE TO SIGN CERTIFICATES OF COMPLIANCE ... EVEN WHEN THEY KNOW THAT STATEMENTS WERE NOT COMPLIANT..."

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