Civil Litigation Brief
Menu
  • Home
  • About
  • Membership Plans
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Civil Procedure
WHEN CPR 3.10 CAN HELP: PROCEEDINGS HAD BEEN "ISSUED" ALBEIT IMPERFECTLY AND THE SITUATION COULD BE REMEDIED (TO THE CLAIMANT'S DETERIMENT IN THIS CASE)

WHEN CPR 3.10 CAN HELP: PROCEEDINGS HAD BEEN “ISSUED” ALBEIT IMPERFECTLY AND THE SITUATION COULD BE REMEDIED (TO THE CLAIMANT’S DETERIMENT IN THIS CASE)

September 26, 2025 · by gexall · in Applications, Civil Procedure, Members Content

I have written before about the “heavy lifting” that sometimes takes place when practitioners attempt to invoke  CPR 3.10. Here we look at a case where CPR 3.10 was used to condemn a claimant who had used the wrong procedure…

SERVICE POINTS 11: A PARTY CANNOT SIMPLY MAKE UNILATERAL DECISIONS AS TO SERVICE WHICH OVERRIDE SPECIFIC COURT ORDERS

September 25, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Serving documents

When a court makes an order as to the means of alternative service it expects the party in question to comply with that order. Here we have a case where the claimant decided on a different means of “serving” the…

A REMINDER: WEBINAR ON THE PRACTICAL IMPLICATIONS OF MAZUR (AND HOW TO AVOID SOLICITORS BREAKING THE CRIMINAL LAW WHEN USING NON-QUALIFIED STAFF): 3rd OCTOBER 2025

September 24, 2025 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Webinar

The fallout, concern and – dare I say it – recriminations in relation to the decision in  Mazur v Charles Russell Speechlys continues. There has been a lot of commentary already. This webinar aims to look through the “chatter” by concentrating…

AI USED IN THE WRITING OF A JUDICIAL DECISION:  READ ALL ABOUT IT...

AI USED IN THE WRITING OF A JUDICIAL DECISION: READ ALL ABOUT IT…

September 23, 2025 · by gexall · in Applications, Artificial Intelligence, Civil evidence, Civil Procedure, Members Content

There has been much discussion of the advantages, and disadvantages, in lawyers using AI. This is clearly going to be a major issue for the legal profession going forwarded.   Last week I reviewed Andrew Hogan’s book on this topic. There…

UPDATED VERSION OF THE CHANCERY GUIDE: A USEFUL LINK

UPDATED VERSION OF THE CHANCERY GUIDE: A USEFUL LINK

September 23, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Members Content

The Chancery Guide was updated earlier this month.  Here we look at the Practice Note and have a link to the updated Guide itself. FINDING THE LINK The Practice Note that accompanies it gives a link to the Guide itself…

EXPERT WATCH 13: WHEN THE CLAIMANT ATTEMPTED TO INTRODUCE A NEW CASE DURING CROSS-EXAMINATION OF THE DEFENDANTS’ EXPERT (HOW DO WE THINK THIS WENT?)

September 22, 2025 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

We are looking at a case where the claimant’s expert, belatedly, accepted that the reports he was relying on were unreliable.  The claimant then attempted to introduce new matters and evidence to bolster an alternative case.   The judge rejected that…

THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 3: WHERE DO YOU LOOK IF YOU WANT (OR WANT TO OPPOSE) AN APPLICATION THAT A TRIAL BE ADJOURNED BECAUSE A PARTY OR WITNESS IS ILL?

THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 3: WHERE DO YOU LOOK IF YOU WANT (OR WANT TO OPPOSE) AN APPLICATION THAT A TRIAL BE ADJOURNED BECAUSE A PARTY OR WITNESS IS ILL?

September 22, 2025 · by gexall · in Adjournments, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

The motivation for this series arises from a personal experience earlier this year.  I had travelled to a hotel in readiness for a trial the following day. At midnight I found out that the other side were asking for an…

COST BITES 291: WHEN BUDGETING THE HOURLY RATES SOUGHT CAN BE TOO HIGH, BUT THE PHASE TOTAL REASONABLE

COST BITES 291: WHEN BUDGETING THE HOURLY RATES SOUGHT CAN BE TOO HIGH, BUT THE PHASE TOTAL REASONABLE

September 19, 2025 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

At the budgeting phase of a case there are often disputes as to the appropriate hourly rates.  The response is, usually, that it is not the court’s task on budgeting to set the hourly rates but to consider the reasonableness…

A DECISION OF PROFOUND PRACTICAL IMPORTANCE TO SOLICITORS: WHEN IS SOMEONE EMPLOYED BY A SOLICITOR ENTITLED TO “CONDUCT” LITIGATION? A HIGH COURT DECISION THAT WILL HAVE WIDESPREAD RAMIFICATIONS

September 16, 2025 · by gexall · in Appeals, Avoiding negligence claims, Civil Procedure, Members Content

We are looking at a High Court decision that could have major ramifications for the way in which firms of solicitors organise their practices. In particular in relation to the qualifications of staff who conduct litigation, what is meant by…

ENFORCEMENT BULLETIN 2: TRANSFER OF HOUSE TO CIVIL PARTNER SET ASIDE: ARE ATTEMPTS TO AVOID PAYMENT WORTH THE CANDLE?

ENFORCEMENT BULLETIN 2: TRANSFER OF HOUSE TO CIVIL PARTNER SET ASIDE: ARE ATTEMPTS TO AVOID PAYMENT WORTH THE CANDLE?

September 16, 2025 · by gexall · in Applications, Civil Procedure, Members Content

It is not unknown for debtors to seek to transfer property to another person in an attempt to avoid a charging order being made against it. We see see such a case here.  A house, initially in the sole name…

THREE WEBINARS ON EXPERTS: THE JOINT EXPERT AND MEETING OF EXPERTS; PART 35 QUESTIONS AND EXPERTS IN THE COURTS IN 2025

THREE WEBINARS ON EXPERTS: THE JOINT EXPERT AND MEETING OF EXPERTS; PART 35 QUESTIONS AND EXPERTS IN THE COURTS IN 2025

September 15, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Webinar

The way in which the “Expert Watch” series has quickly developed shows that issues relating to expert evidence continue to give rise to problems.  These three webinars explore many of the major issues in relation to experts. Dealing with the…

IT WOULD BE AN "AFFRONT TO JUSTICE" NOT TO SET ASIDE THIS "FINAL" JUDGMENT: THERE IS A LOT HERE THAT EVERYONE INVOLVED IN THE LITIGATION PROCESS SHOULD PROBABLY READ

IT WOULD BE AN “AFFRONT TO JUSTICE” NOT TO SET ASIDE THIS “FINAL” JUDGMENT: THERE IS A LOT HERE THAT EVERYONE INVOLVED IN THE LITIGATION PROCESS SHOULD PROBABLY READ

September 15, 2025 · by gexall · in Applications, Civil Procedure, Conduct, Members Content, Service of the claim form, Serving documents, Setting aside judgment

We are looking at a number of cases that, on the face of it, are highly unusual. One judge has already indicated that there is a strong prima facie cases that some related cases  “are all fraudulent”.    There are…

WITNESSES WHO GIVE THE COURT THE BENEFIT OF THEIR "OPINION": I'M NOT SAYING IT LED DIRECTLY TO THE APPLICANT LOSING THIS CASE - BUT IT DID NOT HELP...

WITNESSES WHO GIVE THE COURT THE BENEFIT OF THEIR “OPINION”: I’M NOT SAYING IT LED DIRECTLY TO THE APPLICANT LOSING THIS CASE – BUT IT DID NOT HELP…

September 12, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

There appears to be no end to the practice of witnesses giving the court the benefit of their opinion in witness statements. There have been numerous cases where the judiciary have warned against this.  The white book has a specific…

SERVICE POINTS 9: SERVICE AT THE HOUSE OF COMMONS IS NOT GOOD SERVICE BUT ON THIS OCCASION - IT FITTED THE BILL...

SERVICE POINTS 9: SERVICE AT THE HOUSE OF COMMONS IS NOT GOOD SERVICE BUT ON THIS OCCASION – IT FITTED THE BILL…

September 12, 2025 · by gexall · in Civil Procedure, Members Content, Service of the claim form, Serving documents

Here we are looking at an unusual case in relation to service. It is a case where the claimant served at the wrong address but (unusually) the court exercised its discretion to retrospectively validate service.  There is more to this,…

COST (MEGA) BITES 286: AND YOU SAID THAT WITH AN "ADMIRABLY STRAIGHT FACE": "OVERLAWYERING" CONSIDERED IN AN EXHAUSTING CASE

COST (MEGA) BITES 286: AND YOU SAID THAT WITH AN “ADMIRABLY STRAIGHT FACE”: “OVERLAWYERING” CONSIDERED IN AN EXHAUSTING CASE

September 11, 2025 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

We are looking at a case that has already been subject to several posts on this site.  In the previous decision about budgeting the claimants’ budgets were described as “absurdly high” and the arguments “strains all credulity”.   The court is…

THE CURRENT IMPORTANT OF PLEADINGS 32: "BOTH THE PARTICULARS OF CLAIM AND DEFENCE ARE LENGTHY DOCUMENTS, UNJUSTIFIABLY SO"

THE CURRENT IMPORTANT OF PLEADINGS 32: “BOTH THE PARTICULARS OF CLAIM AND DEFENCE ARE LENGTHY DOCUMENTS, UNJUSTIFIABLY SO”

September 11, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

We are here honing on in one aspect of a decision that was about allocation.  The judge commented on how poor the pleadings of both side were. The Particulars of Claim and Defence were too long, a Reply was unnecessary. …

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…

THE PERIODICAL REMINDER OF THE DANGERS OF A SOLICITOR SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: IN THIS CASE THE CLIENT WAS FOUND TO BE FUNDAMENTALLY DISHONEST

THE PERIODICAL REMINDER OF THE DANGERS OF A SOLICITOR SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: IN THIS CASE THE CLIENT WAS FOUND TO BE FUNDAMENTALLY DISHONEST

September 10, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Fundamental Dishonesty, Members Content, Witness statements

Here we are considering once again the question of whether it is wise for a solicitor to sign a statement of truth on behalf of a client.  It arises from the case we have already looked at this morning.  However…

THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: EX-SOLDIER FAILS IN HER CASE AND NOW NO LONGER HAS THE PROTECTION OF QOCS

THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: EX-SOLDIER FAILS IN HER CASE AND NOW NO LONGER HAS THE PROTECTION OF QOCS

September 9, 2025 · by gexall · in Civil evidence, Civil Procedure, Costs, Fundamental Dishonesty, Members Content, Personal Injury

Here we look at a case where the claimant was found to be fundamentally dishonest.  The judge commented on the irony of the fact that she had a substantial claim for damages, even without that dishonesty. Nevertheless the evidence of…

COST BITES 283: "A SIGNIFICANT NUMBER OF THE POINTS OF DISPUTE WERE DISMISSED": NOT ENOUGH DETAIL, FAILING TO DISTINGUISH BETWEEN STANDARD AND INDEMNITY BASIS COSTS

COST BITES 283: “A SIGNIFICANT NUMBER OF THE POINTS OF DISPUTE WERE DISMISSED”: NOT ENOUGH DETAIL, FAILING TO DISTINGUISH BETWEEN STANDARD AND INDEMNITY BASIS COSTS

September 8, 2025 · by gexall · in Assessment of Costs, Costs

We are looking at a different aspect of the case we have already looked at this morning. However the paying party in that case to some extent where the authors of their own misfortune. In particular the judge held that…

THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 2: WHERE DO YOU LOOK WHEN FACED WITH AN ARGUMENT  ON ASSESSEMENT THAT COSTS SHOULD BE REDUCED BECAUSE OF "PROPORTIONALITY"?

THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 2: WHERE DO YOU LOOK WHEN FACED WITH AN ARGUMENT ON ASSESSEMENT THAT COSTS SHOULD BE REDUCED BECAUSE OF “PROPORTIONALITY”?

September 8, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Proportionality

The principles considered here work for both sides.  Where does a receiving party look when the paying party wants to reduce costs because of “proportionality”? Where does a paying party look to gain guidance on such issues.   I am here…

ENFORCEMENT BULLETIN 1: ISSUES WHEN SEEKING TO ENFORCE A JUDGMENT AGAINST A PARTY'S PENSION FUND: IT MAY BE A MATTER OF TIMING

ENFORCEMENT BULLETIN 1: ISSUES WHEN SEEKING TO ENFORCE A JUDGMENT AGAINST A PARTY’S PENSION FUND: IT MAY BE A MATTER OF TIMING

September 5, 2025 · by gexall · in Applications, Civil Procedure, Enforcement, Members Content

Enforcement is an important part of the civil litigation process. If a litigant won’t pay the sums due under a court order then the whole process was, most probably, for nothing.  The aim of this series is to look at…

WHICH TRACK IS BEST?  THE RULES, CASES AND GUIDANCE: ALLOCATION - SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025

WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025

September 4, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Damages, Webinar

Over the past month or so we have looked at three cases where the question of allocation of housing disrepair cases has been considered. The issue lies between Fast Track and the Small Claims Track.  This webinar looks at the…

THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 1: WHERE DO YOU LOOK IF YOU WANT TO REFER TO A WITNESS STATEMENT SERVED BY YOUR OPPONENT BUT THEY ARE NOT CALLING THAT WITNESS?

THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 1: WHERE DO YOU LOOK IF YOU WANT TO REFER TO A WITNESS STATEMENT SERVED BY YOUR OPPONENT BUT THEY ARE NOT CALLING THAT WITNESS?

September 4, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

The aim of this series is to give practitioners a quick place to look if they are placed in a sudden dilemma. The issue here, which can arise at short (or no) notice is what should a party (“A”) do…

MEMBER NEWS: "ON DEMAND" CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS

MEMBER NEWS: “ON DEMAND” CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS

September 3, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Limitation, Relief from sanctions, Risks of litigation, Webinar, Witness statements

Last week we looked at webinars coming up which may be of interest to CLB readers.  CLB members can obtain a discount on these webinars.  The same discount applies to webinars which are now available “on demand”.  These webinars are…

COST BITES 279: COSTS AWARDED IN WHAT IS NORMALLY  A "NO COSTS" JURISDICTION: THE FIRST TIER TRIBUNAL (PROPERTY CHAMBER)

COST BITES 279: COSTS AWARDED IN WHAT IS NORMALLY A “NO COSTS” JURISDICTION: THE FIRST TIER TRIBUNAL (PROPERTY CHAMBER)

September 3, 2025 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

It is worthwhile taking a look at cases where costs are awarded in cases where there normally would be no inter party order for costs.  We look at such a case here, in the First Tier Tribunal.  On appeal to…

DEFENDANT'S APPLICATION TO EXTEND TIME TO CHALLENGE COSTS PROVISIONS REFUSED: 21 DAYS WAS A SERIOUS AND SIGNIFICANT BREACH AND THERE WAS NO GOOD REASON FOR IT

DEFENDANT’S APPLICATION TO EXTEND TIME TO CHALLENGE COSTS PROVISIONS REFUSED: 21 DAYS WAS A SERIOUS AND SIGNIFICANT BREACH AND THERE WAS NO GOOD REASON FOR IT

September 2, 2025 · by gexall · in Applications, Civil Procedure, Costs, Members Content, Relief from sanctions

Here we are looking at a case where the court refused the defendant’s application to extend time when the defendant wanted to challenge the argument that costs were capped.  It was held that the defendant’s delay of 21 days was…

SERVICE POINTS 6: THERE ARE NO EASILY ACCESSIBLE "BACKDOOR" METHODS FOR CIRUMVENTING THE RULES RELATING TO APPLICATIONS FOR RETROSPECTIVE SERVICE

SERVICE POINTS 6: THERE ARE NO EASILY ACCESSIBLE “BACKDOOR” METHODS FOR CIRUMVENTING THE RULES RELATING TO APPLICATIONS FOR RETROSPECTIVE SERVICE

September 1, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Extensions of time, Members Content, Relief from sanctions, Service of the claim form, Serving documents

It may not have escaped reader’s notice that we have already started the month by looking at a case about defects in the service of the claim form.  The claimants in that case (which was said to be a £22…

SERVICE POINTS 5: CLAIMANTS IN £22 MILLION CLAIM FAIL ON SERVICE ISSUES - FOR THE THIRD TIME: ORDERS GRANTING EXTENSIONS OF TIME SET ASIDE

SERVICE POINTS 5: CLAIMANTS IN £22 MILLION CLAIM FAIL ON SERVICE ISSUES – FOR THE THIRD TIME: ORDERS GRANTING EXTENSIONS OF TIME SET ASIDE

September 1, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Extensions of time, Members Content, Service of the claim form

Here we look at a case where the claimants came to grief on issues relating to service – extensions of time for service  of the claim form were set aside.  One remarkable feature of this litigation is that this was…

APPLYING TO SET ASIDE A DEFAULT JUDGMENT: WHAT IS MEANT BY "PROMPT"? THE ISSUES CONSIDERED IN DETAIL BY THE HIGH COURT

APPLYING TO SET ASIDE A DEFAULT JUDGMENT: WHAT IS MEANT BY “PROMPT”? THE ISSUES CONSIDERED IN DETAIL BY THE HIGH COURT

August 29, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Setting aside judgment

When a court considers setting aside a regular default judgment it must have regard to whether the application was made “promptly”.  There is a consideration of that issue in the case we consider here.  There had been some delay in…

ANONYMITY AND REPORTING RESTRICTIONS IN CIVIL CASES (2): THE PROCESS THAT JUDGE'S SHOULD FOLLOW WHEN CONSIDERING THESE ISSUES

ANONYMITY AND REPORTING RESTRICTIONS IN CIVIL CASES (2): THE PROCESS THAT JUDGE’S SHOULD FOLLOW WHEN CONSIDERING THESE ISSUES

August 29, 2025 · by gexall · in Applications, Case Management, Civil evidence, Civil Procedure, Clinical Negligence, Members Content, Personal Injury

The previous post looked at the Court of Appeal decision yesterday in relation to applications for anonymity in civil cases.  Here we take a close look at the factors that the courts have to consider when an application for anonymity…

COURT OF APPEAL JUDGMENT TODAY ON ANONYMITY AND REPORTING RESTRICTION ORDERS IN CLINICAL NEGLIGENCE CASES BROUGHT BY CHILDREN AND PROTECTED PARTIES

COURT OF APPEAL JUDGMENT TODAY ON ANONYMITY AND REPORTING RESTRICTION ORDERS IN CLINICAL NEGLIGENCE CASES BROUGHT BY CHILDREN AND PROTECTED PARTIES

August 28, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Clinical Negligence, Members Content, Personal Injury

This is the first of several posts that will look at the Court of Appeal judgment today in relation to the principles concerning applications for anonymity and reporting restrictions on children and protected parties involved in litigation. Here was have…

ANOTHER COMPLAINT ABOUT COURT BUNDLES: "IT IS SIGNIFICANTLY MORE DIFFICULT TO PROMOTE THE INTERESTS OF JUSTICE..."

ANOTHER COMPLAINT ABOUT COURT BUNDLES: “IT IS SIGNIFICANTLY MORE DIFFICULT TO PROMOTE THE INTERESTS OF JUSTICE…”

August 28, 2025 · by gexall · in Applications, Bundles, Civil evidence, Civil Procedure, Members Content

It is getting to the stage that I am concerned about receiving complaints from readers if this blog does not have a regular feature on bundles.  In fact we have not looked at a case since June, so we are…

SERVICE POINTS 4:  DEFAULT JUDGMENT SET ASIDE: THE CONTRACTUAL METHOD OF SERVICE WAS UNFAIR AND THUS INVALID BECAUSE OF THE PROVISIONS OF THE CONSUMER RIGHTS ACT 2015

SERVICE POINTS 4: DEFAULT JUDGMENT SET ASIDE: THE CONTRACTUAL METHOD OF SERVICE WAS UNFAIR AND THUS INVALID BECAUSE OF THE PROVISIONS OF THE CONSUMER RIGHTS ACT 2015

August 28, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Service of the claim form, Serving documents, Setting aside judgment

There are relatively few cases relating to service of proceedings by a contractually agreed method.  We have some significant issues considered in this case. Firstly whether the defendants were, in fact, parties to the contract that the claimant relied upon…

APPEAL COURT UPHOLDS DECISION NOT TO ALLOW DEFENDANT TO RELY ON DOCUMENTS PRODUCED FOR THE FIRST TIME AT TRIAL: DENTON CONSIDERED AND APPLIED

APPEAL COURT UPHOLDS DECISION NOT TO ALLOW DEFENDANT TO RELY ON DOCUMENTS PRODUCED FOR THE FIRST TIME AT TRIAL: DENTON CONSIDERED AND APPLIED

August 27, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Disclosure, Members Content, Relief from sanctions

We are looking at a decision newly arrived on BAILII in relation to disclosure and relief from sanctions.  A defendant brought (potentially significant) documents to trial which had never been disclosed before. The trial judge did not permit the defendant…

ANOTHER CASE WHERE A WITNESS STATEMENT WAS SERVED BUT THE WITNESS DID NOT ATTEND TRIAL: THE DEFENDANT HAD USED PARTS OF THE STATEMENT IN CROSS EXAMINATION - WHAT WAS ITS STATUS?

ANOTHER CASE WHERE A WITNESS STATEMENT WAS SERVED BUT THE WITNESS DID NOT ATTEND TRIAL: THE DEFENDANT HAD USED PARTS OF THE STATEMENT IN CROSS EXAMINATION – WHAT WAS ITS STATUS?

August 26, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We are looking at another case where a party served a witness statement and yet the witness did not attend trial, the court only being told of this at the end of the trial itself.  In this case the statement…

WHEN HAS A PARTY CONSENTED TO SERVICE OF DOCUMENTS BY EMAIL?  IS A FAILURE TO OBTAIN SPECIFIC CONSENT IN ADVANCE FATAL TO VALID SERVICE?

WHEN HAS A PARTY CONSENTED TO SERVICE OF DOCUMENTS BY EMAIL? IS A FAILURE TO OBTAIN SPECIFIC CONSENT IN ADVANCE FATAL TO VALID SERVICE?

August 22, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Serving documents

We are carrying on with the review of the appeal judgment that considered key issues in relation to service by electronic means.  Here the judge considered whether the claimant’s failure to obtain the defendant’s specific consent prior to service rendered…

WHAT TIME IS SERVICE BY EMAIL DEEMED TO ARRIVE ON "THE SAME WORKING DAY"? AN ISSUE THAT HAD IMPORTANT CONSEQUENCES IN THIS CASE

WHAT TIME IS SERVICE BY EMAIL DEEMED TO ARRIVE ON “THE SAME WORKING DAY”? AN ISSUE THAT HAD IMPORTANT CONSEQUENCES IN THIS CASE

August 22, 2025 · by gexall · in Appeals, Applications, Members Content, Serving documents

We are returning to look again at the case considered in the previous post.  This time honing in on the error that was made initially in relation to the time for service of a notice of discontinuance.  The District Judge…

YOU CANNOT USE A REQUEST FOR EDITORIAL CORRECTIONS OF A DRAFT JUDGMENT TO SEEK TO RE-OPEN THE WHOLE CASE: THERE'S NO VCR HERE...

YOU CANNOT USE A REQUEST FOR EDITORIAL CORRECTIONS OF A DRAFT JUDGMENT TO SEEK TO RE-OPEN THE WHOLE CASE: THERE’S NO VCR HERE…

August 21, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

There is an interesting postscript to the case we looked at earlier this morning.  It is another example of a party attempting to use a request for “corrections” of a draft judgment as an opportunity to re-open the whole case. …

THE CURRENT IMPORTANCE OF PLEADINGS 30: WHEN A LAWYER DEFENDANT TRIES TO ARGUE A POINT DIRECTLY CONTRADICTORY TO ITS PLEADED CASE: THIS "FLIES IN THE FACE OF THE PLEADED ADMISSION"

THE CURRENT IMPORTANCE OF PLEADINGS 30: WHEN A LAWYER DEFENDANT TRIES TO ARGUE A POINT DIRECTLY CONTRADICTORY TO ITS PLEADED CASE: THIS “FLIES IN THE FACE OF THE PLEADED ADMISSION”

August 20, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

We are continuing to look at the interesting inter-lawyer dispute considered in the previous post.  This time at the defendant’s pleaded case and its attempt to resile from a clear admission and put an alternative case in its place. (You…

PROVING THINGS 268: LAW FIRM DEFENDANT FAILS TO ADDUCE EVIDENCE TO PROVE ITS ASSERTIONS - IT WAS BOUND BY ITS OWN "BAD BARGAIN"

PROVING THINGS 268: LAW FIRM DEFENDANT FAILS TO ADDUCE EVIDENCE TO PROVE ITS ASSERTIONS – IT WAS BOUND BY ITS OWN “BAD BARGAIN”

August 20, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

Here we have an interesting dispute between two firms of lawyers.  The claimant sued the defendant under a contractual agreement following the transfer of files.  What is particularly interesting here is the judge’s observations on the lack of evidence brought…

COST BITES 274: IN CONSIDERING WHETHER TO AWARD INDEMNITY COSTS HOW RELEVANT IS A  DEFENDANT'S WITHDRAWN PART 36 OFFER? (THE CLAIMANT THAT TURNED DOWN $50 MILLION DOLLARS - AND THEN LOST AT TRIAL...

COST BITES 274: IN CONSIDERING WHETHER TO AWARD INDEMNITY COSTS HOW RELEVANT IS A DEFENDANT’S WITHDRAWN PART 36 OFFER? (THE CLAIMANT THAT TURNED DOWN $50 MILLION DOLLARS – AND THEN LOST AT TRIAL…

August 19, 2025 · by gexall · in Civil Procedure, Conduct, Costs, Members Content, Part 36

Here we look at a short judgment on costs.  The judge considered whether an indemnity costs should be made and the date from which the indemnity costs order should take effect.   There were several factors specific to this case, however…

ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES 3: WEBINAR 10th SEPTEMBER 2025

ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES 3: WEBINAR 10th SEPTEMBER 2025

August 19, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Webinar

Earlier today we have looked at two appeals in relation to allocation in housing disrepairs.  Each appeal was successful for different reasons. My involvement in one of the appeals has led me, along with Steve Cornforth, a webinar on Allocation…

ALLOCATION IN HOUSING DISREPAIR CASES 2:  CLAIMANT'S APPEAL ON ALLOCATION SUCCESSFUL: DISTRICT JUDGE WAS WRONG IN THEIR VIEW OF LIKELY AWARD OF DAMAGES

ALLOCATION IN HOUSING DISREPAIR CASES 2: CLAIMANT’S APPEAL ON ALLOCATION SUCCESSFUL: DISTRICT JUDGE WAS WRONG IN THEIR VIEW OF LIKELY AWARD OF DAMAGES

August 19, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

This is the second case on allocation in housing cases we are looking at today. The result was the same – the judge allowed the claimant’s appeal against allocation to the Small Claims Track. However the route to success was…

ALLOCATION IN HOUSING DISREPAIR CASES: AN APPEAL JUDGMENT OVERTURNING REFERENCE TO THE SMALL CLAIMS TRACK

ALLOCATION IN HOUSING DISREPAIR CASES: AN APPEAL JUDGMENT OVERTURNING REFERENCE TO THE SMALL CLAIMS TRACK

August 19, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

Here we look at a judgment where a decision to allocate a housing disrepair case to the Small Claims Track was overturned on appeal.  (This is the first of two cases we will look at today).  The judgment is useful…

COST BITES 272: CLAIMANTS ORDERED TO PAY SOME OF A DEFENDANT'S COSTS IMMEDIATELY, PRIOR TO JUDGMENT BECAUSE OF THE WAY IN WHICH THE TRIAL WAS CONDUCTED

COST BITES 272: CLAIMANTS ORDERED TO PAY SOME OF A DEFENDANT’S COSTS IMMEDIATELY, PRIOR TO JUDGMENT BECAUSE OF THE WAY IN WHICH THE TRIAL WAS CONDUCTED

August 18, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content, Wasted Costs, Witness statements

Last week we had a judge discussing the “pay as you go” principle in litigation.  Here we have a slight extension of that principle with the judge deciding that the claimants’ conduct of the the trial meant that they should…

APPLICATION TO ENFORCE A TRIBUNAL AWARD WAS MADE TO THE WRONG COURT AND WAS SET ASIDE: CPR 3.10 DID NOT ASSIST WHEN THERE WAS A FUNDAMENTAL ERROR GOING TO JURISDICTION

APPLICATION TO ENFORCE A TRIBUNAL AWARD WAS MADE TO THE WRONG COURT AND WAS SET ASIDE: CPR 3.10 DID NOT ASSIST WHEN THERE WAS A FUNDAMENTAL ERROR GOING TO JURISDICTION

August 15, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Enforcement, Members Content

Here we have a case where the claimant was found to have made a fundamental error of procedure when seeking to enforce an Employment Tribunal award. An application was made to the wrong court.  The County Court was the only court…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2025 (1): LIMITATION IN PERSONAL INJURY CLAIMS - HOW DOES ANYONE MISS A THREE YEAR LIMITATION PERIOD?

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2025 (1): LIMITATION IN PERSONAL INJURY CLAIMS – HOW DOES ANYONE MISS A THREE YEAR LIMITATION PERIOD?

August 14, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Limitation, Members Content, Personal Injury

In an ideal world all personal injury limitation periods would be three years, and all other action six.  However we do not live in an ideal world.  The first, and most obvious, place to look at avoiding negligence claims is…

SERVICE POINTS 2: CLAIM FORM WAS VALIDLY SERVED AT AN ADDRESS WHERE THE DEFENDANT NO LONGER LIVED: THERE WAS NO APPLICATION TO DISPUTE THE JURISDICTION IN ANY EVENT

SERVICE POINTS 2: CLAIM FORM WAS VALIDLY SERVED AT AN ADDRESS WHERE THE DEFENDANT NO LONGER LIVED: THERE WAS NO APPLICATION TO DISPUTE THE JURISDICTION IN ANY EVENT

August 14, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

For the second in this series we are looking at a case where the question of whether the claim form had been properly served was raised by the defendant at trial.  There were numerous reasons why the defendant’s argument on…

SERVICE POINTS 1: HOW DO YOU SERVE ON "PERSONS UNKNOWN"?

SERVICE POINTS 1: HOW DO YOU SERVE ON “PERSONS UNKNOWN”?

August 14, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

Cases and issues relating to service of proceedings are a regular feature on this site.  For ease of reference going forward posts about service will now be in this series of “Service Points”.  Here we look at a case that…

1 2 … 18 Next →

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 35.2K other subscribers

Recent Posts

  • COST BITES 294: “A DETAILED ASSESSMENT IS NOT THE FORUM TO RESCUE OR TO ATTEMPT TO CHANGE THE EFFECT OF A POORLY WORDED ORDER”: THE COURT WOULD NOT CONSIDER ASSERTIONS OF POTENTIAL FUNDAMENTAL DISHONESTYOF THE PRIMARY ACTION ON ASSESSMENT
  • COST BITES 293: AN EXAMPLE OF AN ASSESSMENT OF A SUMMARY ASSESSMENT (AND COSTS BEING REDUCED) WHEN THE OPPOSING PARTY WAS NOT PRESENT
  • MAZUR MATTERS 2: THE ROLE OF THE SOLICITORS REGULATORY AUTHORITY : THE REGULATOR THAT GOT THE LAW WRONG AND IS NOW “PONDERING” WHAT TO DO…
  • EXPERT WATCH 15: A CHANGE OF APPROACH BY EXPERTS (WHICH FAVOURED THE SIDE THAT INSTRUCTED THEM) HAS TO BE LOOKED AT “PARTICULARLY CRITICALLY” BY THE COURT
  • THE JOINT EXPERT AND THE MEETING OF EXPERTS: WEBINAR 1ST OCTOBER 2025: WITH SOME IMPORTANT RECENT DEVELOPMENTS CONSIDERED

Top Posts

  • MAZUR MATTERS 1: THE PENALTIES FOR NON-QUALIFIED STAFF CONDUCTING LITIGATION (AKA "HOW MUCH TIME COULD I SERVE")
  • MAZUR MATTERS 2: THE ROLE OF THE SOLICITORS REGULATORY AUTHORITY : THE REGULATOR THAT GOT THE LAW WRONG AND IS NOW "PONDERING" WHAT TO DO...
  • COST BITES 293: AN EXAMPLE OF AN ASSESSMENT OF A SUMMARY ASSESSMENT (AND COSTS BEING REDUCED) WHEN THE OPPOSING PARTY WAS NOT PRESENT
  • PROVING THINGS 269: PROVING THAT A SOLICITOR WAS DISHONEST: IS TURNING A "BLIND EYE" ENOUGH?
  • THE PRACTICAL IMPLICATIONS OF MAZUR CONSIDERED: HOW NOT TO BREAK THE CRIMINAL LAW BY USING NON-QUALIFIED STAFF... WEBINAR 3rd OCTOBER 2025

Archives

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2023
  • Website of 4 – 5 Gray's Inn Square
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2025. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2025 Civil Litigation Brief

Powered by Big Yellow Workshop

 

Loading Comments...
 

You must be logged in to post a comment.