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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » July » 06
WHERE THINGS GO WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 4: NOT-SERVING PROPERLY; OBTAINING DEFAULT JUDGEMENT INCORRECTLY AND SUING A PARTY WRONGLY: A LOT OF LESSONS HERE

WHERE THINGS GO WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 4: NOT-SERVING PROPERLY; OBTAINING DEFAULT JUDGEMENT INCORRECTLY AND SUING A PARTY WRONGLY: A LOT OF LESSONS HERE

July 6, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Striking out

This post assumes that you have read post on this case earlier today.  A claimant’s solicitor made a whole series of errors which led to the case being struck out against two defendants. We continue our series on what went…

SERVICE POINTS 48 : A DEFAULT JUDGMENT IN THE FIRST ACTION (AGAINST A DEFENDANT WHO WAS NEVER SERVED) LEADS TO A SECOND ACTION BEING STRUCK OUT

SERVICE POINTS 48 : A DEFAULT JUDGMENT IN THE FIRST ACTION (AGAINST A DEFENDANT WHO WAS NEVER SERVED) LEADS TO A SECOND ACTION BEING STRUCK OUT

July 6, 2026 · by gexall · in Abuse of Process, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Default judgment,, Members Content, Relief from sanctions, Setting aside judgment, Striking out

This is a sorry tale. Someone who may have had a perfectly good claim for damages for personal injury has their case struck out because of  procedural mishaps by their own solicitors.   It all stems from a failure to serve…

BACK TO BASICS MONDAY (2): A SERIES OF CHECKLISTS TO HELP YOU WITH DRAFTING STATEMENTS FOR  "CORPORATE" CLIENTS: THE SOURCE OF INFORMATION AND BELIEF

BACK TO BASICS MONDAY (2): A SERIES OF CHECKLISTS TO HELP YOU WITH DRAFTING STATEMENTS FOR “CORPORATE” CLIENTS: THE SOURCE OF INFORMATION AND BELIEF

July 6, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

The normal post on back to basics came out a day early (due to an “administrative” error).  However it does give us a chance to revisit the practical implications when a litigator has to draft a witness statement on behalf…

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