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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » July » 28
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"

MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: “REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES”

July 28, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

The LSB report was published yesterday.  It deals with matters that remain of practical significance to working litigators.  Remember a breach of the Legal Services Act in relation to the conduct of litigation is both a criminal offence and a…

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE

COST BITES 419: HOW CLAIMING COUNSEL’S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE

July 28, 2026 · by gexall · in Abuse of Process, Applications, Avoiding negligence claims, Civil Procedure, Conduct, Costs, Members Content

Cost Schedules are signed and served every day.  This case shows why they must be checked carefully before signature.  Here the judge found that a claim made for counsel’s fees on an N260 had been false.  This was one of…

SEEKING A STAY PENDING AN APPEAL: "GENERALISED ASSERTIONS ARE NO SUBSTITUTE FOR EVIDENCE": COURT REFUSES APPLICATION

SEEKING A STAY PENDING AN APPEAL: “GENERALISED ASSERTIONS ARE NO SUBSTITUTE FOR EVIDENCE”: COURT REFUSES APPLICATION

July 28, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

This judgment emphasises the point that a party seeking a stay of a judgment cannot obtain this by “generalised assertions”.  There are clear and well established criteria for the court to consider.  A party making such an application must make …

SERVICE POINTS 50: IS SERVICE OF A TENANT AND AN ADDRESS STATED IN THE LEASE GOOD SERVICE WHEN THE TENANT IS NOT THERE?  DOES THE CONTRACT OVERRIDE THE CPR?

SERVICE POINTS 50: IS SERVICE OF A TENANT AND AN ADDRESS STATED IN THE LEASE GOOD SERVICE WHEN THE TENANT IS NOT THERE? DOES THE CONTRACT OVERRIDE THE CPR?

July 28, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

This Court of Appeal decision considers issues in relation to contractual service.  Does a contractual term in a lease saying that service of documents can take place at the property in question override the CPR provisions as to service? In…

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Recent Posts

  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…

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WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
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