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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » August » 14
GIVING AN UNDERTAKING AS TO DAMAGES WHEN OBTAINING AN INJUNCTION: REMEMBER IT CAN COME BACK TO BITE  (AND SOMETIMES BITE HARD...)

GIVING AN UNDERTAKING AS TO DAMAGES WHEN OBTAINING AN INJUNCTION: REMEMBER IT CAN COME BACK TO BITE (AND SOMETIMES BITE HARD…)

August 14, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Injunctions, Members Content

When a party obtains an injunction they, usually, have to give an undertaking as to damages.  There are now a number of cases where litigants have been found liable to pay damages as a result of that undertaking. We have…

CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY

CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY

August 14, 2026 · by gexall · in Abuse of Process, Applications, Civil evidence, Civil Procedure, Members Content, Striking out

Here we have a case where it was argued that the defendant’s delay in bringing an application to strike out for abuse of process was an abuse of process in itself. The case points to authorities that “acquiescing” in an…

THROWBACK FRIDAY: SIMILAR FACT EVIDENCE IN CIVIL CASES: AN OVERVIEW AND THE RELEVANT GUIDANCE CONSIDERED (AUGUST 2020)

THROWBACK FRIDAY: SIMILAR FACT EVIDENCE IN CIVIL CASES: AN OVERVIEW AND THE RELEVANT GUIDANCE CONSIDERED (AUGUST 2020)

August 14, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

Man of the posts in August 2020 concerned the impact of Covid. This post is the exception. It arose out of a Court of Appeal decision that month that reviewed the principles relating to similar fact evidence in civil cases….

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PROFESSIONAL NEGLIGENCE NEWS 6 : CLAIMANT FAILS TO PROVE SOLICITORS WERE NEGLIGENT IN ADVISING UPON SETTLEMENT (IN FACT IT FAILS TO PROVE A LOT OF OTHER MATTERS AS WELL...)
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...
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PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"

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