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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 25
ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR...)

ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR…)

June 25, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

As you can see from the “Related Posts” section below this is not the first time we have considered the position where a losing litigant has written to the judge seeking “clarification” and where the judge has felt that this…

THE CURRENT IMPORTANCE OF PLEADINGS 83: THE CASE OF THE SOLICITOR'S LIEN: THE JUDGE SHOULD NOT HAVE DECIDED AN APPLICATION TO STRIKE OUT ON THE BASIS OF AN UNPLEADED CASE

THE CURRENT IMPORTANCE OF PLEADINGS 83: THE CASE OF THE SOLICITOR’S LIEN: THE JUDGE SHOULD NOT HAVE DECIDED AN APPLICATION TO STRIKE OUT ON THE BASIS OF AN UNPLEADED CASE

June 25, 2026 · by gexall · in Amendment, Appeals, Applications, Civil Procedure, Members Content, Statements of Case

We look at a case that relates to a solicitor’s lien and alleged breach of duty by those solicitors. It also deals with the basis upon which a judge should determine an application to strike out/summary judgment – making it…

THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN'T WRITTEN DOWN IT HASN'T HAPPENED...)

THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)

June 25, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Members Content

We are returning to the SRA Guidance on Effective Supervision, this time looking at the importance that is given to recording the supervision arrangements.  It is clear that the SRA expects these to be written down.  I have provided a…

AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED

AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED

June 25, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Default judgment,, Members Content, Relief from sanctions, Setting aside judgment

An application to set aside a properly obtained default judgment requires the court to consider a number of factors.  Having considered whether there are “real prospects” of successfully defending the claim and the issue of promptness the court then goes…

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Recent Posts

  • ENFORCEMENT BULLETIN 7: SECOND ATTEMPT TO ENFORCE A FOREIGN JUDGMENT WAS (AMONG OTHER THINGS) AN ABUSE OF PROCESS
  • LITIGATOR’S LIFELINES 3: WHAT IF YOU HAVE SERVED A SCHEDULE OF COSTS LATE?
  • 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 …

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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...
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 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
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"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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