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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 22
SERVICE POINTS 36 : "THIS IS AN AREA OF UNDOUBTED STRICTNESS": ERRORS IN SERVICE OF THE CLAIM FORM WERE FATAL TO THE CLAIM

SERVICE POINTS 36 : “THIS IS AN AREA OF UNDOUBTED STRICTNESS”: ERRORS IN SERVICE OF THE CLAIM FORM WERE FATAL TO THE CLAIM

April 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form

Regular readers of this site will not need reminding of the strictness of the rules relating to service of the claim form.  Here we have another example. The claimant failed to serve the sealed claim form within the period allowed…

COST BITES 377: THE COURT WOULD NOT STAY A PAYMENT ON ACCOUNT PENDING THE DEFENDANT'S APPEAL AND/OR APPLICATION FOR A RIGHT TO SET OFF THEIR OWN COSTS (WHY WHAT IS TAKEN OUT OF DRAFT ORDER CAN BE AS IMPORTANT AS WHAT IS LEFT IN...)

COST BITES 377: THE COURT WOULD NOT STAY A PAYMENT ON ACCOUNT PENDING THE DEFENDANT’S APPEAL AND/OR APPLICATION FOR A RIGHT TO SET OFF THEIR OWN COSTS (WHY WHAT IS TAKEN OUT OF DRAFT ORDER CAN BE AS IMPORTANT AS WHAT IS LEFT IN…)

April 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Interim Payments, Members Content

Here we have an unusual issue, caused by the defendant agreeing to an unusual order (more accurately the removal of a proposed term of an order). The defendant was liable to pay the claimant’s costs of a hearing which were…

PERSONAL INJURY POINTS 12: WHAT IS A CLAIMANT TO DO ABOUT CRU IF THE DEFENDANT IS NOT INSURED AND NOT RESPONDING?

PERSONAL INJURY POINTS 12: WHAT IS A CLAIMANT TO DO ABOUT CRU IF THE DEFENDANT IS NOT INSURED AND NOT RESPONDING?

April 22, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Damages, Members Content, Personal Injury

This case considers the issues that arise when a defendant has failed to comply with its statutory obligation to notify the Compensation Recovery Unit of a claim.  What duties does the claimant have in these circumstances.  The blunt answer is…

WITNESS EVIDENCE WEDNESDAY:  COMMERCIAL LITIGATORS ON THE NAUGHTY STEP AGAIN (GUESS THE REASON...): YOUR STATEMENTS DID COMPLY WITH PD57AC SO WE ARE JUST GOING TO IGNORE THE ERRANT PARTS

WITNESS EVIDENCE WEDNESDAY: COMMERCIAL LITIGATORS ON THE NAUGHTY STEP AGAIN (GUESS THE REASON…): YOUR STATEMENTS DID COMPLY WITH PD57AC SO WE ARE JUST GOING TO IGNORE THE ERRANT PARTS

April 22, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

Here we have (yet another) case about a failure to comply with PD57AC.  The response of the defendants here was simply to state that they would not cross-examine the claimants’ witnesses on material that was irrelevant or inadmissible. “I was…

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