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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 27
SERVICE POINTS 37 : IS SERVICE ON A P.0. BOX GOOD SERVICE? (OH - AND BY THE WAY - AS IT TURNS OUT - THE CLAIM FORM WAS NEVER, IN FACT, SERVED AT ALL): A BIT OF A SURPRISE FOR THE CLAIMANT AT THE APPEAL STAGE

SERVICE POINTS 37 : IS SERVICE ON A P.0. BOX GOOD SERVICE? (OH – AND BY THE WAY – AS IT TURNS OUT – THE CLAIM FORM WAS NEVER, IN FACT, SERVED AT ALL): A BIT OF A SURPRISE FOR THE CLAIMANT AT THE APPEAL STAGE

April 27, 2026 · by gexall · in Appeals, Avoiding negligence claims, Civil Procedure, Members Content

Is service on a P.O. Box address good service?  That was the issue being considered in this appeal.  However the claimant was in for a bit of a shock.  Enquiries by the judge revealed that the claim form had never…

WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026

April 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Clinical Negligence, Part 36, Personal Injury, Professional negligence,, Webinar

The Court of Appeal’s  recent decision in Attersley v UK Insurance Ltd  [2026] EWCA Civ 217  has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late…

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..."

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…”

April 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Webinar

There has a been a regular flow of cases where the courts have commented that PD57AC has not been complied with,  it is “more honoured in the breach than the observance”, was noted in one judgment.   Given that these are…

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

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

April 27, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Civil evidence, Civil Procedure, Members Content, Uncategorized

This decision is important for two reasons. Firstly it upholds the original judgment that the interim bills in this case were statute bills and that there were no special circumstances to allow assessment out of time. Secondly it highlights the…

OPENING LINES TO START THE WEEK: "FOR CENTURIES, IT HAS BEEN RECOGNISED THAT HUMAN HEARING CAN BE DAMAGED BY EXPOSURE TO LOUD NOISE"

OPENING LINES TO START THE WEEK: “FOR CENTURIES, IT HAS BEEN RECOGNISED THAT HUMAN HEARING CAN BE DAMAGED BY EXPOSURE TO LOUD NOISE”

April 27, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content

We usually review the opening lines of judgments at the end of the year.  However I thought this would be a good way to start the week, ranging as it does from ancient Greece to Rome and then to important…

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...

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…

April 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

Here we are looking at a basic requirement that is often overlooked.  When a party is applying for permission to rely on expert evidence there is a mandatory obligation to provide the court with an estimate of costs.     THE…

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  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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