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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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NEW RULES COMING INTO FORCE ON THE 12TH SEPTEMBER 2025 AND THE 1ST OCTOBER 2025 (2): DISPUTING EVIDENCE AND FILING EVIDENCE IN PART 8 PROCEEDINGS

NEW RULES COMING INTO FORCE ON THE 12TH SEPTEMBER 2025 AND THE 1ST OCTOBER 2025 (2): DISPUTING EVIDENCE AND FILING EVIDENCE IN PART 8 PROCEEDINGS

September 10, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Rule Changes, Witness statements

Here we look at the latest statutory instrument which makes changes to the rules.  This time a  highly specific rule  making amendments to Part 8 to deal with the filing of evidence where the defendant states it intends to dispute…

RELIEF FROM SANCTIONS GRANTED FOR LATE SERVICE OF ACKNOWLEDGMENT OF SERVICE:  A POINT FOR DEFENDANTS TO WATCH

RELIEF FROM SANCTIONS GRANTED FOR LATE SERVICE OF ACKNOWLEDGMENT OF SERVICE: A POINT FOR DEFENDANTS TO WATCH

November 10, 2021 · by gexall · in Applications, Avoiding negligence claims, Extensions of time, Members Content, Relief from sanctions

There are two point missed, surprisingly often, by defendants who want to take a point as to service. The first is that an acknowledgment of service must be served timeously, the second is that an application under CPR Part 11…

DEFAULT JUDGMENT CAN BE OBTAINED WHEN ACKNOWLEDGMENT OF SERVICE IS SERVED LATE

May 24, 2015 · by gexall · in Applications, Civil Procedure, Judgment, Members Content, Relief from sanctions

NB THIS DECISION HAS SINCE BEEN OVERTURNED BY A CHANGE IN THE RULES, SEE THE POST HERE. A claimant can enter judgment in default of acknowledgement of service.  What is the position if the acknowledgment of service is served late….

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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