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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

July 31, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

The practice of sending out draft judgments in advance is undoubtedly helpful. It does, however, lead to some procedural difficulties in itself. We have seen numerous examples of the draft embargo on a judgment being breached.  It is sometimes seen…

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. …

COMMENTING ON A DRAFT JUDGMENT - WHEN THE JUDGE HAS ASKED YOU TO: THE CIRCULATION OF A DRAFT JUDGMENT IS NOT THE END OF THE BEGINNING OF THE LITIGATION BUT THE BEGINNING OF THE END

COMMENTING ON A DRAFT JUDGMENT – WHEN THE JUDGE HAS ASKED YOU TO: THE CIRCULATION OF A DRAFT JUDGMENT IS NOT THE END OF THE BEGINNING OF THE LITIGATION BUT THE BEGINNING OF THE END

January 13, 2023 · by gexall · in Applications, Civil evidence, Conditional Fee Agreements, Members Content, Uncategorized

There have been several cases over the years where judges have commented on the practice of parties attempting to rewrite draft judgments. In Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd & Ors [2022] EWHC 3275 (TCC)…

DRAFT JUDGMENTS AND THE USE OF EMAIL EXPLODERS: MORE CAUTION IS NEEDED

DRAFT JUDGMENTS AND THE USE OF EMAIL EXPLODERS: MORE CAUTION IS NEEDED

October 13, 2021 · by gexall · in Civil Procedure, Conduct, Members Content

One particular aspect of the judgment in  Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat)that requires highlighting is the judge’s consideration of the use of “e-mail exploders” used by the parties when…

AN EXTRAORDINARY CASE: DRAFT JUDGMENTS ARE SACROSANCT: ALLEGATIONS OF DISCLOSURE, AND OF "JUDGE'S OFFICE" LEAKING LIKE A SIEVE WERE TOTALLY MISFOUNDED

AN EXTRAORDINARY CASE: DRAFT JUDGMENTS ARE SACROSANCT: ALLEGATIONS OF DISCLOSURE, AND OF “JUDGE’S OFFICE” LEAKING LIKE A SIEVE WERE TOTALLY MISFOUNDED

October 12, 2021 · by gexall · in Abuse of Process, Applications, Members Content

The judgment in Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat) is one of the most extraordinary I have read. It concerns the important principle that draft judgments sent out by…

SNAILS, BOXES, RATES, OFFICES  AND CIVIL PROCEDURE: A DRAFT JUDGMENT IS NOT AN INVITATION TO CRITIQUE IT

SNAILS, BOXES, RATES, OFFICES AND CIVIL PROCEDURE: A DRAFT JUDGMENT IS NOT AN INVITATION TO CRITIQUE IT

March 2, 2021 · by gexall · in Applications, Civil Procedure, Members Content, Uncategorized

The judgment of Mr Justice Fordham in Isle Investments Ltd v Leeds City Council (Rev 1) [2021] EWHC 345 (Admin) contains a reminder of the point that a draft judgment is not an opportunity to re-open or critique the substance…

A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE

A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE

April 30, 2020 · by gexall · in Civil Procedure, Conduct, Members Content

In Michael Wilson & Partners Ltd v Sinclair & Anor (No. 2) [2020] EWHC 1017 (QB) Mr Justice Chamberlain added a postscript to the judgment about attempt to “re-open” draft judgments. “Professional lawyers ought to know that the circulation of…

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