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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 18
THE COURT HAS NO POWER TO EXTEND TIME FOR ISSUE WHEN A SOLICITOR WISHES TO CHALLENGE A SRA INTERVENTION (AND WHY IT IS ADVISABLE TO PUT ALL THE NECESSARY INFORMATION ON THE CLAIM FORM...)

THE COURT HAS NO POWER TO EXTEND TIME FOR ISSUE WHEN A SOLICITOR WISHES TO CHALLENGE A SRA INTERVENTION (AND WHY IT IS ADVISABLE TO PUT ALL THE NECESSARY INFORMATION ON THE CLAIM FORM…)

May 18, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

We are used to looking at some extremely tight timelines on this blog, in particular in relation to issue and service.  Here we have a case where the court found that the court has no power at all to extend…

EXPERT WATCH 47: AN EXPERT CANNOT OMIT MATTERS FROM THEIR REPORT ON THE BASIS THAT THEY COULD EXPLAIN THEM WHEN QUESTIONED: "THIS BELIED A FUNDAMENTAL MISUNDERSTANDING OF THE OBLIGATIONS UPON A CPR COMPLIANT REPORT"

EXPERT WATCH 47: AN EXPERT CANNOT OMIT MATTERS FROM THEIR REPORT ON THE BASIS THAT THEY COULD EXPLAIN THEM WHEN QUESTIONED: “THIS BELIED A FUNDAMENTAL MISUNDERSTANDING OF THE OBLIGATIONS UPON A CPR COMPLIANT REPORT”

May 18, 2026 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we have a very short post on a very significant matter.  That is the circumstances in which an expert can miss out the limitations of the data in their report on the basis that they could explain this when…

COST BITES 387: THERE IS NO PRESUMPTION THAT THERE MUST BE A DETAILED ASSESSMENT WHERE A CASE LASTS MORE THAN ONE DAY: JUDGE SUMMARILY ASSESSES COSTS AFTER A THREE DAY HEARING

COST BITES 387: THERE IS NO PRESUMPTION THAT THERE MUST BE A DETAILED ASSESSMENT WHERE A CASE LASTS MORE THAN ONE DAY: JUDGE SUMMARILY ASSESSES COSTS AFTER A THREE DAY HEARING

May 18, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Summary assessment,

Here we have a case where there was an argument whether there should be a summary or detailed assessment. The judge made it clear that there is no presumption against summary assessment simply because a hearing lasted more than one…

BACK TO BASICS MONDAY: THE RIGHT OF A DEFENDANT TO ASK FOR A CLAIM FORM TO BE SERVED: CPR 7.7 CONSIDERED

BACK TO BASICS MONDAY: THE RIGHT OF A DEFENDANT TO ASK FOR A CLAIM FORM TO BE SERVED: CPR 7.7 CONSIDERED

May 18, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

We have had two cases this year that deal with the provisions of CPR 7.7.  A rule that allows a defendant to serve a notice requiring service of a claim form.  It is worth knowing that this rule exists and…

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Recent Posts

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  • SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
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COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"
THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)
BACK TO BASICS MONDAY: THE RIGHT TO REPLY: WHEN MUST YOU DO IT AND WHEN SHOULD YOU DO IT? THE CRITICAL IMPORTANCE OF A DEFENCE TO COUNTERCLAIM

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