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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 09
SERVICE POINTS 33: COURT MADE AN ORDER FOR ALTERNATIVE SERVICE ON A RUSSIAN COMPANY'S LEGAL REPRESENTATIVES

SERVICE POINTS 33: COURT MADE AN ORDER FOR ALTERNATIVE SERVICE ON A RUSSIAN COMPANY’S LEGAL REPRESENTATIVES

April 9, 2026 · by gexall · in Applications, Civil Procedure, Members Content, Service of the claim form, Serving documents

Here was have a successful application for alternative service on the defendant’s legal representatives.  It shows that in some circumstances the courts are willing to make such orders, particularly when the defendant is based abroad and there are potential issues…

SETTING ASIDE DEFAULT JUDGMENT: THE RELEVANCE OF DELAY AND THE DENTON PRINCIPLES CONSIDERED IN THE HIGH COURT

SETTING ASIDE DEFAULT JUDGMENT: THE RELEVANCE OF DELAY AND THE DENTON PRINCIPLES CONSIDERED IN THE HIGH COURT

April 9, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Default judgment,, Members Content, Relief from sanctions, Setting aside judgment

For many years now we have been looking at the interaction between an application to set aside a default judgment and the “Denton” criteria.   Here we look at another case where the court considered relief from sanctions in this context. …

THE JUDGE FOUND AGAINST ME BECAUSE THEY GAVE TOO MUCH LEEWAY TO A LITIGANT IN PERSON : ALLEGATIONS OF THIS KIND SHOULD BE PARTICULARISED (AND CAREFULLY THOUGHT OUT)

THE JUDGE FOUND AGAINST ME BECAUSE THEY GAVE TOO MUCH LEEWAY TO A LITIGANT IN PERSON : ALLEGATIONS OF THIS KIND SHOULD BE PARTICULARISED (AND CAREFULLY THOUGHT OUT)

April 9, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Here we consider some unusual grounds of appeal.  An unsuccessful claimant appealed on the grounds, inter alia, that the judge had erred in giving leeway to the defendant who was a litigant in person. What is important here is that…

COST BITES 374: IF THIS WAS A CBA THE UNILATERAL ABILITY TO VARY RATES WOULD HAVE LED TO IT BEING SET ASIDE ON THE GROUNDS IT WAS UNREASONABLE

COST BITES 374: IF THIS WAS A CBA THE UNILATERAL ABILITY TO VARY RATES WOULD HAVE LED TO IT BEING SET ASIDE ON THE GROUNDS IT WAS UNREASONABLE

April 9, 2026 · by gexall · in Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content

We are continuing with our examination of a case we looked at yesterday. The court found that the agreement between the parties was not a Contentious Business Agreement.  However the judge also stated that it it had been a CBA…

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