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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 21
WOULD BE APPELLANT FAILS TO COMPLY WITH SEVEN DAY DEADLINE: ARGUMENTS ABOUT "PUBLIC INTEREST" FAILS TO TAKE OFF: THE IMPORTANCE OF KNOWING TIME LIMITS...

WOULD BE APPELLANT FAILS TO COMPLY WITH SEVEN DAY DEADLINE: ARGUMENTS ABOUT “PUBLIC INTEREST” FAILS TO TAKE OFF: THE IMPORTANCE OF KNOWING TIME LIMITS…

May 21, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

Here we have a case where the “would be” appellant failed to obtain permission to appeal out of time.  They failed to notice that the time limits for appealing this specific type of decision had been changed two months prior…

MAZUR MATTERS 62: THE REVISED COURT OF APPEAL JUDGMENT: SOME SMALL BUT SIGNIFICANT REVISIONS

MAZUR MATTERS 62: THE REVISED COURT OF APPEAL JUDGMENT: SOME SMALL BUT SIGNIFICANT REVISIONS

May 21, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

There is a revised version of the Court of Appeal judgment in Mazur.  Some paragraphs were amended slightly (but significantly). These amendments do not appeal to have made their way to the version of the judgment that is publicly available….

THE CURRENT IMPORTANCE OF PLEADINGS 76: APPLYING FOR PERMISSION TO AMEND THE DAY BEFORE THE COURT OF APPEAL HEARING, WITH NO NOTICE GIVEN: HAVE A GUESS HOW THIS WENT...

THE CURRENT IMPORTANCE OF PLEADINGS 76: APPLYING FOR PERMISSION TO AMEND THE DAY BEFORE THE COURT OF APPEAL HEARING, WITH NO NOTICE GIVEN: HAVE A GUESS HOW THIS WENT…

May 21, 2026 · by gexall · in Amendment, Appeals, Applications, Civil evidence, Civil Procedure, Default judgment,, Members Content, Statements of Case

There have been quite a few cases about pleading recently.  This case is interesting because it makes the point that after  a default judgment is entered a claimant is only entitled to have damages assessed on the basis of their…

THE CURRENT IMPORTANCE OF PLEADINGS 75:  A CLAIMANT DOES NOT ALWAYS NEED TO PLEAD A CLAIM FOR INTEREST: AN INTERESTING POINT... BUT BE VERY WARY...

THE CURRENT IMPORTANCE OF PLEADINGS 75: A CLAIMANT DOES NOT ALWAYS NEED TO PLEAD A CLAIM FOR INTEREST: AN INTERESTING POINT… BUT BE VERY WARY…

May 21, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Interest, Members Content, Statements of Case

Here we look at an argument that a claimant was not entitled to interest because it was not pleaded. The judge rejected the argument on two grounds. Firstly that CPR 16 does not apply to Part 8 claims; secondly that…

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Recent Posts

  • CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
  • THROWBACK FRIDAY: SIMILAR FACT EVIDENCE IN CIVIL CASES: AN OVERVIEW AND THE RELEVANT GUIDANCE CONSIDERED (AUGUST 2020)
  • AN ORDER FOR WASTED COSTS NARROWLY AVERTED – BUT THERE WERE ISSUES ON BOTH SIDES: “NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY”
  • ATTEMPTS TO “REVISIT” THE PRELIMINARY ISSUES REFUSED: ALSO THE JUDGE WOULD HAVE PREFERRED TO SEE WITNESS STATEMENTS NOT JUST DOCUMENTS…
  • ADVOCACY THE JUDGE’S VIEW A RECAP OF THE SERIES 3: “THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE”: WHY ALL LITIGATORS SHOULD KNOW THESE THINGS…

Top Posts

CLAIMANT'S SUCCESSFUL APPEAL AGAINST THE STRIKING OUT OF A CASE BECAUSE A WITNESS STATEMENT HAD NOT BEEN PROVIDED: THE SMALL CLAIMS PROTOCOL IS (VERY) DIFFERENT...
AN ORDER FOR WASTED COSTS NARROWLY AVERTED - BUT THERE WERE ISSUES ON BOTH SIDES: "NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY"
FAILING TO GIVE THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: THE JUDGE MAY THINK THAT THERE IS SOMETHING FISHY GOING ON HERE...
ADVOCACY THE JUDGE'S VIEW A RECAP OF THE SERIES 3: "THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE": WHY ALL LITIGATORS SHOULD KNOW THESE THINGS...
COST BITES 432: THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE "SIGNIFICANT DEVELOPMENTS" : HIGH COURT DECISION

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