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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » August » 04
THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON

THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON

August 4, 2026 · by gexall · in Applications, Civil Procedure, Members Content

We have looked many times at judgments where the courts have determined that regional centres are the appropriate venue for certain cases. We have another example here.  The claimant wanted the matter heard in London. The court directed it be…

A QUICK REMINDER OF THE CLB WEBINARS NOW AVAILABLE "ON DEMAND": ALSO (AND UNRELATED) SAYING AU REVOIR TO THE LITTLE WHITE DOG

A QUICK REMINDER OF THE CLB WEBINARS NOW AVAILABLE “ON DEMAND”: ALSO (AND UNRELATED) SAYING AU REVOIR TO THE LITTLE WHITE DOG

August 4, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content, Webinar, Witness statements

There are a number of CLB webinars that are available “on demand”.  There is a reduction for CLB members.  This is also an opportune time to say au revoir to the little white dog that has been gracing the pages…

SERVICE POINTS 52: $28 MILLION CLAIM LOST BECAUSE OF A FAILURE TO SERVE A CLAIM FORM PROPERLY (THESE CAN BE EXPENSIVE MISTAKES...)

SERVICE POINTS 52: $28 MILLION CLAIM LOST BECAUSE OF A FAILURE TO SERVE A CLAIM FORM PROPERLY (THESE CAN BE EXPENSIVE MISTAKES…)

August 4, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

This is a case ostensibly about limitation.  However the central point for most litigators is that, in reality, it is about a failure to serve a claim form properly.  The first claim was issued within the limitation period (following a…

"GRASPING THE NETTLE": "THERE HAS BEEN ENOUGH DELAY" IN THIS APPEAL: COURT CUTS THROUGH ISSUES AND REQUIRES APPELLANT TO MAKE AN ELECTION AS TO WHETHER HE REQUIRES AN ORAL HEARING

“GRASPING THE NETTLE”: “THERE HAS BEEN ENOUGH DELAY” IN THIS APPEAL: COURT CUTS THROUGH ISSUES AND REQUIRES APPELLANT TO MAKE AN ELECTION AS TO WHETHER HE REQUIRES AN ORAL HEARING

August 4, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

In this case an order for possession was obtained because of arrears of rent.  The tenant appellant appealed. The arrears stand at £73,000 and there was a risk of further delay. The judge “grasped the nettle” in making the appellant…

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  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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