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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 29
WHO IS A PARTY AFFECTED BY A SUMMARY JUDGMENT? THE CPR; CRYPTOCURRENCY; DELAY IN APPLYING AND THE MERITS OF THE CASE CONSIDERED IN A COURT OF APPEAL JUDGMENT TODAY

WHO IS A PARTY AFFECTED BY A SUMMARY JUDGMENT? THE CPR; CRYPTOCURRENCY; DELAY IN APPLYING AND THE MERITS OF THE CASE CONSIDERED IN A COURT OF APPEAL JUDGMENT TODAY

September 29, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Setting aside judgment

We are likely to see much litigation, and quite a few procedural wrangles, arising from Bitcoin and similar “currencies”.  Here we have an interesting, and important, question under CPR 40.9.  Firstly in relation to whether a party was “directly affected”…

GUIDE TO FATAL ACCIDENTS 5th EDITION: PUBLISHED LATER THIS YEAR: AVAILABLE TO PRE-ORDER

GUIDE TO FATAL ACCIDENTS 5th EDITION: PUBLISHED LATER THIS YEAR: AVAILABLE TO PRE-ORDER

September 29, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Fatal Accidents

The latest (the 5th) edition of the Guide to Fatal Accidents is now available to pre-order.  Details are available here.    Fatal accident litigation presents lawyers with legal, evidential and practical problems that are distinct from those encountered in non-fatal…

SUPREME COURT PRACTICE DIRECTIONS AMENDED: REPLIES TO OBJECTIONS, BUNDLES, COURT DRESS AND DRAFT ORDERS: WHAT THIS MEANS IN PRACTICE

SUPREME COURT PRACTICE DIRECTIONS AMENDED: REPLIES TO OBJECTIONS, BUNDLES, COURT DRESS AND DRAFT ORDERS: WHAT THIS MEANS IN PRACTICE

September 29, 2026 · by gexall · in Applications, Bundles, Civil Procedure, Members Content

The Supreme Court announced, on the 21st September 2026,  that the Court’s Practice Directions had been amended on the 18th September 2026.  To stop anyone being taken by surprise here is a summary of the changes.  Those responsible for preparing…

WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT ... HOUSING LAW, COSTS AND PROCEDURE: 10 KEY POINTS AND USEFUL LINKS

WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … HOUSING LAW, COSTS AND PROCEDURE: 10 KEY POINTS AND USEFUL LINKS

September 29, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Useful links

There are much more specialist blogs available for housing lawyers  and I’m glad to say that “Nearly Legal” is recommencing next month.  The posts on this site concentrate on procedure and costs and the Ten Key Points here reflect that. …

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Recent Posts

  • COST BITES 465 : WITHOUT PREJUDICE COSTS BREAKDOWNS REMAINED PRIVILEGED: A LOWER BILL DID NOT ESTABLISH “UNAMBIGUOUS IMPROPRIETY”
  • A SUCCESSFUL JUDICIAL REVIEW OF A DECISION TO REFUSE PERMISSION TO APPEAL: GRANTING JUDGMENT AFTER AN EARLY NEUTRAL EVALUATION: A “WHOLLY EXCEPTIONAL COLLAPSE OF FAIR PROCEDURE”
  • PROVING THINGS 300: COMPANY FAILS TO PROVE ITS OWN FINANCIAL SITUATION: APPLICATION FOR A STAY REFUSED
  • THROWBACK FRIDAY: “STAYING SANE AS A LITIGATOR: THINGS WILL GO WRONG: “YOU GOTTA HAVE A PLAN”: DON’T CRASH…” (OCTOBER 2019)
  • COST BITES 464 : THE IMPORTANCE OF MAKING A PROPER APPLICATION TO VARY A COSTS CAP: TICKING A BOX IS NOT ENOUGH: THE COURT APPLIES THE £5,000 AARHUS LIMIT: SOMETHING TO CHEW THE CUD OVER

Top Posts

COST BITES 461: "LOSING PARTY" SHOULD PAY COSTS AT THE END OF HEARING, DESPITE HAVING BEEN GRANTED PERMISSION TO APPEAL
THE CURRENT IMPORTANCE OF PLEADINGS 99: ONCE AGAIN - A BARE DENIAL WILL NOT DO: DEFENCE STRUCK OUT: "THIS RULE IS NOT A MATTER OF FORMALITY"
A SUCCESSFUL JUDICIAL REVIEW OF A DECISION TO REFUSE PERMISSION TO APPEAL: GRANTING JUDGMENT AFTER AN EARLY NEUTRAL EVALUATION: A "WHOLLY EXCEPTIONAL COLLAPSE OF FAIR PROCEDURE"
HOUSING CASES AND ALLOCATION TO THE FAST TRACK: THE FACT THAT THE CLAIM WAS BASED ON AN EARLIER COMPROMISE DID NOT MEAN THAT THIS WAS A SMALL CLAIMS TRACK MATTER
PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT'S CONDUCT OF LITIGATION

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