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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 26
SERVICE POINTS 43: WHY CPR 6.15 IS NOT THE "CAVALRY" COMING OVER THE HILL TO SAVE YOU IF THE CLAIM FORM HAS NOT BEEN SERVED PROPERLY

SERVICE POINTS 43: WHY CPR 6.15 IS NOT THE “CAVALRY” COMING OVER THE HILL TO SAVE YOU IF THE CLAIM FORM HAS NOT BEEN SERVED PROPERLY

May 26, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form

There must be many anxious litigators who have read the words of CPR 6.15 and happily assumed that their case is saved. On the face of it this rule gives the court a wide power to authorise service by another…

SERVICE POINTS 42: A £82 MILLION POUND FAILS BECAUSE THE CLAIM FORM WAS SENT BY EMAIL TO SOLICITORS WHO HAD NOT STATED THAT THEY WOULD ACCEPT SERVICE: AN OLD ISSUE (AND A BIG ONE)

SERVICE POINTS 42: A £82 MILLION POUND FAILS BECAUSE THE CLAIM FORM WAS SENT BY EMAIL TO SOLICITORS WHO HAD NOT STATED THAT THEY WOULD ACCEPT SERVICE: AN OLD ISSUE (AND A BIG ONE)

May 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Professional negligence,, Service of the claim form

This will not be the only case about (mis) service of the claim form this week, however it may be the largest.  We have the “traditional” pattern of a claimant leaving service until the very last day and then serving…

COST BITES 391: TOO  MUCH CORRESPONDENCE, GRADE C RATES NOT INCREASED AND "SO CALLED" SKELETON ARGUMENTS, WHICH REPEAT THE CONTENTS OF OVER-LENGTHY WITNESS STATEMENTS

COST BITES 391: TOO MUCH CORRESPONDENCE, GRADE C RATES NOT INCREASED AND “SO CALLED” SKELETON ARGUMENTS, WHICH REPEAT THE CONTENTS OF OVER-LENGTHY WITNESS STATEMENTS

May 26, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content, Witness statements

There are some interesting observations in the short judgment on costs in this case.  There was too much correspondence, “witness statements” were in reality skeleton arguments, with the contents then repeated in skeleton arguments.  Furthermore a “good” Grade C is…

AVOIDING THE PITFALLS: BUNDLES, WITNESSES AND PREPARING FOR TRIAL: WEBINAR ON 29th MAY 2026: IT MAY BE A WHOLE BUNDLE OF FUN

AVOIDING THE PITFALLS: BUNDLES, WITNESSES AND PREPARING FOR TRIAL: WEBINAR ON 29th MAY 2026: IT MAY BE A WHOLE BUNDLE OF FUN

May 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Bundles, Civil evidence, Civil Procedure, Webinar

In Serra -v- Harvey [2024], wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles were described as “haphazard”.  This is just one of numerous posts on…

COST BITES 391: COURT OF APPEAL UPHOLDS DECISION THAT SOLICITOR'S BILL SHOULD BE ASSESSED AT "NIL":  THERE IS NO "RESTITUTIONARY" RIGHT TO DAMAGES WHERE THE CFA ITSELF MADE EXPRESS PROVISIONS FOR THESE CIRCUMSTANCES

COST BITES 391: COURT OF APPEAL UPHOLDS DECISION THAT SOLICITOR’S BILL SHOULD BE ASSESSED AT “NIL”: THERE IS NO “RESTITUTIONARY” RIGHT TO DAMAGES WHERE THE CFA ITSELF MADE EXPRESS PROVISIONS FOR THESE CIRCUMSTANCES

May 26, 2026 · by gexall · in Appeals, Civil Procedure, Conditional Fee Agreements, Costs, Members Content

I wrote about this case in August 2025 “Here we have a case that could well bring tears to the eyes of any litigator who works on a conditional fee basis.  For the second time, on appeal, the claimant solicitor’s…

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Recent Posts

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  • THROWBACK FRIDAY: “SKELETON ARGUMENTS – DO THEM PROPERLY OR YOU WON’T GET PAID” (NOVEMBER 2014)
  • COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM

Top Posts

FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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