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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 10
COST BITES 400: MASTERCARD FUNDER FAILS IN THE JUDICIAL REVIEW OF  ITS SHARE OF THE PROCEEDS : IT TURNS OUT THAT LITIGATION IS NOT PRICELESS

COST BITES 400: MASTERCARD FUNDER FAILS IN THE JUDICIAL REVIEW OF ITS SHARE OF THE PROCEEDS : IT TURNS OUT THAT LITIGATION IS NOT PRICELESS

June 10, 2026 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

We have got to number 400 in this series. It is perhaps fitting we deal with (what may well be) the tail end of a mammoth case. Further it is a case where litigation funders felt that they had not…

"ADVOCACY - THE JUDGE'S VIEW": SOME RECAPS BEFORE THE START OF A NEW SERIES: SERIES 1 REVIEWED:  (AND WHY THIS IS RELEVANT TO EVERY LITIGATOR...)

“ADVOCACY – THE JUDGE’S VIEW”: SOME RECAPS BEFORE THE START OF A NEW SERIES: SERIES 1 REVIEWED: (AND WHY THIS IS RELEVANT TO EVERY LITIGATOR…)

June 10, 2026 · by gexall · in Advocacy, Applications, Civil evidence, Civil Procedure, Members Content, Uncategorized, Written advocacy

We have had three series on advocacy on this site.  They have all been from the viewpoint of judges. Looking at guidance given by judges throughout the world. The point being that judges are not your clients, but they are…

THE COURT CAN ORDER SPECIFIC PERFORMANCE AGAINST A RELUCTANT LANDLORD: IF THE DEFENDANT WANTED TO ARGUE THAT THIS WAS NOT FEASIBLE THEN IT SHOULD HAVE ADDUCED EVIDENCE AT THE TRIAL

THE COURT CAN ORDER SPECIFIC PERFORMANCE AGAINST A RELUCTANT LANDLORD: IF THE DEFENDANT WANTED TO ARGUE THAT THIS WAS NOT FEASIBLE THEN IT SHOULD HAVE ADDUCED EVIDENCE AT THE TRIAL

June 10, 2026 · by gexall · in Applications, Civil Procedure, Enforcement, Members Content

There is little (if any) point litigating if a claimant is not going to obtain an effective remedy if successful. Here we have a case where the claimant sought (and obtained) an order for specific performance. There are lessons here…

CIVIL LITIGATION 2026: A TWELVE POINT SURVIVAL GUIDE UPDATED: 12 YEARS ON AND ALL OF THIS IS STILL RELEVANT

CIVIL LITIGATION 2026: A TWELVE POINT SURVIVAL GUIDE UPDATED: 12 YEARS ON AND ALL OF THIS IS STILL RELEVANT

June 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

In July 2014 I wrote a 12 point “Survival Guide” for litigators. This was a guide to procedural safety following the Court of Appeal on from the decision in Denton.  Re-reading this today all the points remain relevant.  Today is…

WITNESS EVIDENCE WEDNESDAY: CLAIMANT'S EVIDENCE FAILS TO ESTABLISH THE FACTUAL CASE SET OUT IN THE PARTICULARS OF CLAIM

WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S EVIDENCE FAILS TO ESTABLISH THE FACTUAL CASE SET OUT IN THE PARTICULARS OF CLAIM

June 10, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content, Personal Injury, Witness statements

Here we have an example of another case which rested, more or less totally, on the claimant’s accuracy of recollection.  I am grateful to Patrick Limb KC for drawing my attention to the judgment.  The claimant (looking back to events…

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PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT'S CONDUCT OF LITIGATION

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