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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 24
THE "WEAPONISATION" OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT'S NOT CLEVER, IT'S NOT "TOUGH" AND IT CERTAINLY IS NOT A MARKETING TOOL

THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL

April 24, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Committal proceedings, Members Content

There are some interesting, and important, observations in this judgment about the use (or misuse) of applications to commit in civil proceedings. The judge felt that this case was part of a larger trend to “weaponise” contempt proceedings as part…

COST BITES 378  : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE "A GREAT MYSTERY" TO MANY SOLICITORS (NOT MY WORDS...)

COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE “A GREAT MYSTERY” TO MANY SOLICITORS (NOT MY WORDS…)

April 24, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

There is no shortage of posts about solicitor-client costs on this site (see the links section below). The Civil Justice Council have issued a Consultation Paper on reform of  Part III of the Solicitors Act. “Whilst it might be expected…

THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A "NUMBER CRUNCHING EXERCISE" (APRIL 2018)

THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A “NUMBER CRUNCHING EXERCISE” (APRIL 2018)

April 24, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Damages, Members Content, Schedules

If there is a judgment that still resonates in practical terms today it is the one we are considering here.  It asks the answer how should schedules be drafted? It then gives the answers.   This was in a case where…

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Recent Posts

  • THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL
  • COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE “A GREAT MYSTERY” TO MANY SOLICITORS (NOT MY WORDS…)
  • THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A “NUMBER CRUNCHING EXERCISE” (APRIL 2018)
  • WITNESS STATEMENTS SERVED LATE: THE COURT GRANTED RELIEF FROM SANCTIONS – BUT… : BE WARY OF MISSING THINGS WHEN OTHER THINGS ARE GOING ON…
  • COST (MEGA) BITES 378: WHO WOULD SPEND £15,751,483 PLUS VAT TO RECOVER DAMAGES OF £16.91? (WELCOME TO THE SURREAL WORLD OF “COLLECTIVE PROCEEDINGS”: THE CAT ARE CONCERNED THAT LITIGATION IS BEING BROUGHT FOR THE LAWYERS & FUNDERS RATHER THAN CONSUMERS

Top Posts

  • COST (MEGA) BITES 378: WHO WOULD SPEND £15,751,483 PLUS VAT TO RECOVER DAMAGES OF £16.91? (WELCOME TO THE SURREAL WORLD OF "COLLECTIVE PROCEEDINGS": THE CAT ARE CONCERNED THAT LITIGATION IS BEING BROUGHT FOR THE LAWYERS & FUNDERS RATHER THAN CONSUMERS
  • WITNESS STATEMENTS SERVED LATE: THE COURT GRANTED RELIEF FROM SANCTIONS - BUT... : BE WARY OF MISSING THINGS WHEN OTHER THINGS ARE GOING ON...
  • THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A "NUMBER CRUNCHING EXERCISE" (APRIL 2018)
  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 2: NON-COMPLIANCE WITH PD57AC: "HE KNOWS NOT OF WHAT HE SPEAKS"
  • THE "WEAPONISATION" OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT'S NOT CLEVER, IT'S NOT "TOUGH" AND IT CERTAINLY IS NOT A MARKETING TOOL

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