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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 22
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP

A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP

June 22, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Damages, Personal Injury, Useful links

Regular readers will know that a recurring theme of this blog is the number of ways in which a case can go wrong, and how often the damage is done by something that should have been straightforward. A multiplier, an…

COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"

COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: “THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE”

June 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Mediation, Mediation & ADR, Members Content

Here we look at a case where the court made an order for indemnity costs.  The defendant had failed to engage fully in the litigation process and, importantly, failed to respond to the claimant’s offer to mediate.  The Master was…

THE NEW SRA SUPERVISION GUIDANCE: WHAT LITIGATION FIRMS, AND LITIGATORS, NEED TO DO NOW: WEBINAR 25th  JUNE 2025

THE NEW SRA SUPERVISION GUIDANCE: WHAT LITIGATION FIRMS, AND LITIGATORS, NEED TO DO NOW: WEBINAR 25th JUNE 2025

June 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct

The SRA’s new Guidance on Effective Supervision represents one of the most significant developments in the regulation of litigation practice in recent years.The guidance introduces enhanced expectations around supervision, delegation, escalation, professional judgment, accountability and quality assurance. It also carries…

AVOIDING NEGLIGENCE CLAIMS AND PROCEDURAL PROBLEMS - CLB IS PICKING UP THE PACE: LOOKING AT A CASE WHERE EVERYTHING WHEN DISASTROUSLY WRONG PROCEDURALLY - WITH CLEAR GUIDANCE ON HOW TO AVOID THIS GOING FORWARD

AVOIDING NEGLIGENCE CLAIMS AND PROCEDURAL PROBLEMS – CLB IS PICKING UP THE PACE: LOOKING AT A CASE WHERE EVERYTHING WHEN DISASTROUSLY WRONG PROCEDURALLY – WITH CLEAR GUIDANCE ON HOW TO AVOID THIS GOING FORWARD

June 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

This blog has been looking at cases relating to civil procedure for 13 years this month.  We have seen many hundreds (possibly thousands) of cases where things have gone badly wrong, particularly in relation to procedure and limitation.   Most of…

NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES' COURT, THE LANDS CHAMBER (AND MANY OTHERS)

NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES’ COURT, THE LANDS CHAMBER (AND MANY OTHERS)

June 22, 2026 · by gexall · in Applications, Civil Procedure, Costs, Court fees, Members Content, Rule Changes

Some significant changes are taking place in court fees on the 13th July 2026. Some 170 fees will increase in line with inflation. Four sets of fees will be reduced to reflect reductions in their underlying costs. In addition there…

BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS

BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS

June 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Members Content

There are hundreds of applications made each date to courts up and down the land.  Pausing for a second, how many of those applications are made without the solicitor looking at the rules and Practice Direction relating to making applications….

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  • 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
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
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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"
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...
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