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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 24
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF "PROMPTNESS" WHEN NOTHING HAPPENED FOR A YEAR...

AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF “PROMPTNESS” WHEN NOTHING HAPPENED FOR A YEAR…

June 24, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Default judgment,, Members Content, Setting aside judgment

We are continuing our examination of the High Court judgment yesterday about setting aside a default judgment.  Here the judge considered the question of “promptness” in circumstances where the default judgment had been entered for a year before the application…

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 6: WHAT IS MEANT BY THE "CONDUCT OF LITIGATION"? (IT TURNS OUT ITS A MATTER OF "PROFESSIONAL JUDGMENT")

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 6: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION”? (IT TURNS OUT ITS A MATTER OF “PROFESSIONAL JUDGMENT”)

June 24, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

Knowing what the “conduct of litigation” means is an essential piece of knowledge for all litigators.  If you allow “unauthorised” persons to conduct litigation then you (and they) are committing a criminal offence (and you are also in contempt of…

AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A "MINI TRIAL"

AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A “MINI TRIAL”

June 24, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Default judgment,, Members Content, Setting aside judgment

A defendant applying to set aside a properly obtained default judgment has a number of hurdles to clear. The court will consider the “merits” of the proposed defence, the reason for the delay, “promptness” and then go on to consider…

WITNESS EVIDENCE WEDNESDAY: EVIDENCE BY VIDEO LINK FROM ABROAD: A POINT TO WATCH : SOME USEFUL GUIDANCE AND PRACTICAL STEPS

WITNESS EVIDENCE WEDNESDAY: EVIDENCE BY VIDEO LINK FROM ABROAD: A POINT TO WATCH : SOME USEFUL GUIDANCE AND PRACTICAL STEPS

June 24, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

There are several cases where the courts have observed that attempts to allow a witness to give evidence from abroad are not, in fact, legal.  This was highlighted in a judgment yesterday. Some countries have particular rules governing the taking…

EXPERT WATCH 51: THE EXPERT VALUERS SHOULD HAVE GONE INTO THIS EXERCISE "BLIND" - THEIR CREDIBILITY WOULD BE "MUCH IMPROVED"

EXPERT WATCH 51: THE EXPERT VALUERS SHOULD HAVE GONE INTO THIS EXERCISE “BLIND” – THEIR CREDIBILITY WOULD BE “MUCH IMPROVED”

June 24, 2026 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

In this case the judge expressly sets out a method of instructing the experts which would have been of more assistance to the court.  In essence that the valuation experts should have been instructed, initially, without any knowledge of the…

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