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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"OVERHEATED LANGUAGE" A "CAVALIER APPROACH" AND "THIN ALLEGATIONS": WHY IT PAYS TO BE CAREFUL AND DETAILED WHEN MAKING APPLICATIONS TO DISCHARGE INJUNCTIONS

“OVERHEATED LANGUAGE” A “CAVALIER APPROACH” AND “THIN ALLEGATIONS”: WHY IT PAYS TO BE CAREFUL AND DETAILED WHEN MAKING APPLICATIONS TO DISCHARGE INJUNCTIONS

April 16, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

We have seen many cases where the courts have been critical of a party’s failure to comply with the duties of full and frank disclosure when obtaining an order without notice. However here we have a case where the judge…

THE SUMMARY ASSESSMENT OF COSTS: A GUIDE FOR PRACTITIONERS: WEBINAR 17th APRIL 2026

THE SUMMARY ASSESSMENT OF COSTS: A GUIDE FOR PRACTITIONERS: WEBINAR 17th APRIL 2026

April 16, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content

Last week we saw a case where, on a summary assessment, costs were reduced from £2.6 million to £750,000 on a summary assessment. Clearly not all assessments are going to involve these amounts, however the case highlights that these can…

MAZUR MATTERS 61: A COMPARISON OF THE LAW SOCIETY GUIDANCE BEFORE AND AFTER THE COURT OF APPEAL DECISION

MAZUR MATTERS 61: A COMPARISON OF THE LAW SOCIETY GUIDANCE BEFORE AND AFTER THE COURT OF APPEAL DECISION

April 16, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

The  Revised Law Society Guidance on Mazur was looked at in a previous post. Whilst we wait for the SRA Guidance it may be useful to look at the key differences in the Law Society Guidance before and after the…

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Recent Posts

  • “OVERHEATED LANGUAGE” A “CAVALIER APPROACH” AND “THIN ALLEGATIONS”: WHY IT PAYS TO BE CAREFUL AND DETAILED WHEN MAKING APPLICATIONS TO DISCHARGE INJUNCTIONS
  • THE SUMMARY ASSESSMENT OF COSTS: A GUIDE FOR PRACTITIONERS: WEBINAR 17th APRIL 2026
  • MAZUR MATTERS 61: A COMPARISON OF THE LAW SOCIETY GUIDANCE BEFORE AND AFTER THE COURT OF APPEAL DECISION
  • ACCEPTANCE OF A PART 36 OFFER WHILST AN APPLICATION TO REALLOCATE THE CASE FROM BAND 2 TO BAND 1 IS PENDING: CAN THE COURT STILL PROCEED TO REALLOCATE?
  • PROVING THINGS 286: THE CLAIMANT FAILS TO PROVE ITS CASE: YOU LOST US $715 MILLION IN TWO YEARS BUT THAT WAS BECAUSE YOU DID NOT UNDERSTAND THE BUSINESS YOU WERE BUYING

Top Posts

  • PRACTICE NOTE FROM THE CHANCELLOR OF THE HIGH COURT: NEW REQUIREMENTS FOR SUMMARY ASSESSMENT FROM 14th APRIL 2026 (UPDATED)
  • "GUIDE, MENTOR AND FRIEND": REVIEW OF THE APIL GUIDE TO CATASTROPHIC INJURY CLAIMS 4th EDITION: STUART McKECHNIE KC (AND A FORMIDABLE TEAM): THE "LITTLE GEM" THAT KEEPS ON GIVING
  • ACCEPTANCE OF A PART 36 OFFER WHILST AN APPLICATION TO REALLOCATE THE CASE FROM BAND 2 TO BAND 1 IS PENDING: CAN THE COURT STILL PROCEED TO REALLOCATE?
  • WITNESS EVIDENCE WEDNESDAY: THE COMMERCIAL COURT REPORT AND WITNESS STATEMENTS: PD57AC WAS FIVE YEARS OLD THIS MONTH - STILL GUIDANCE IS NEEDED
  • MAZUR MATTERS 61: A COMPARISON OF THE LAW SOCIETY GUIDANCE BEFORE AND AFTER THE COURT OF APPEAL DECISION

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