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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » October » 13
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

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

October 13, 2026 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

Here we have an interesting decision on whether a dispute about a settlement agreement in a housing disrepair case should be allocated to the Small Claims Track. I am grateful to Steve Cornforth for sending me a copy of this…

THE DANGERS OF DELAY: A CASE WHERE THE COURT CRITICISES LATE SERVICE: IT IS IMPLICIT THAT COURT ORDERS SHOULD BE SERVED IN A "TIMELY MANNER"

THE DANGERS OF DELAY: A CASE WHERE THE COURT CRITICISES LATE SERVICE: IT IS IMPLICIT THAT COURT ORDERS SHOULD BE SERVED IN A “TIMELY MANNER”

October 13, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Serving documents

This is the third case of the day about delay. Here there was a delay of eleven months in serving an order on named defendants.  The judge found it unsatisfactory that the claimant council had not served the order in…

LEAVING FILING UNTIL THE LAST MINUTE IS "COURTING DISASTER": ONE DAY OUT AND NO EXTENSION OF TIME GRANTED

LEAVING FILING UNTIL THE LAST MINUTE IS “COURTING DISASTER”: ONE DAY OUT AND NO EXTENSION OF TIME GRANTED

October 13, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Extensions of time, Members Content

The previous post mentioned that a theme of today is the importance of complying with rules and directions.  This case demonstrates that point clearly. The appellant was one day out in compliance and still no extension of time was given….

PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT'S CONDUCT OF LITIGATION

PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT’S CONDUCT OF LITIGATION

October 13, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct, Extensions of time, Members Content

If there is a theme for today it is the importance of compliance with rules and directions.  Here we have very strong criticism of the defendant Secretary of State (more accurately his legal team).  The judge observed that the defendant’s…

WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT .... PREVENTING PROBLEMS WITH THE USE OF ARTIFICIAL INTELLIGENCE IN LITIGATION? 10 KEY POINTS

WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT …. PREVENTING PROBLEMS WITH THE USE OF ARTIFICIAL INTELLIGENCE IN LITIGATION? 10 KEY POINTS

October 13, 2026 · by gexall · in Appeals, Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

The use of Artificial Intelligence by the legal profession is now a fact of life.  The genie will not go back into that particular bottle.  However, as we have seen many times on this blog, it can lead to profound…

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