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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE DUTY OF FULL AND FRANK DISCLOSURE: USEFUL GUIDANCE AND AN ESSENTIAL CHECKLIST WHEN MAKING AN APPLICATION TO SERVE OUT...

THE DUTY OF FULL AND FRANK DISCLOSURE: USEFUL GUIDANCE AND AN ESSENTIAL CHECKLIST WHEN MAKING AN APPLICATION TO SERVE OUT…

September 15, 2026 · by gexall · in Applications, Civil Procedure, Members Content

The case we looked at in the previous post highlighted the dangers of failing to comply with the duties owed on a without notice application, an application to serve out in particular. The same judgment had some important guidance for…

A COURT SETS ASIDE AN ORDER MADE WITHOUT NOTICE: ANOTHER CASE THAT EMPHASISES THE IMPORTANCE OF FAIR PRESENTATION AT THESE APPLICATIONS: A LAWYER CANNOT SIMPLY PROMOTE A "CONSPIRACY THEORY" BUT MOST ACT OBJECTIVELY AND CAREFULLY

A COURT SETS ASIDE AN ORDER MADE WITHOUT NOTICE: ANOTHER CASE THAT EMPHASISES THE IMPORTANCE OF FAIR PRESENTATION AT THESE APPLICATIONS: A LAWYER CANNOT SIMPLY PROMOTE A “CONSPIRACY THEORY” BUT MOST ACT OBJECTIVELY AND CAREFULLY

September 15, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

We have looked many times at cases where “without notice” applications have come under fire. In particular in relation to arguments that the applicants have failed in their duty of full and frank disclosure to the court.   We see that…

THE USEFULNESS OF HAVING A TRANSCRIPT WHEN CONSIDERING ALLEGATIONS OF NON-DISCLOSURE

THE USEFULNESS OF HAVING A TRANSCRIPT WHEN CONSIDERING ALLEGATIONS OF NON-DISCLOSURE

May 22, 2020 · by gexall · in Applications, Injunctions, Members Content

In Les Ambassadeurs Club Ltd v Albluewi (aka Sheikh Salah Hamdan Albluewi And Mr Salah Hamdan Albelwi) [2020] EWHC 1313 (QB)Mr Justice Freedman set out the importance of having a transcript of an ex-parte hearing when considering allegations of a…

LAST REMINDER OF NEW YEAR'S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE

LAST REMINDER OF NEW YEAR’S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE

December 18, 2017 · by gexall · in Applications, Avoiding negligence claims, Conduct, Injunctions, Members Content

The one New Year’s Resolution I recommended to litigators for 2017 was to be very, very, wary of without notice applications. As we get near to the end of the year this advice is borne out by the judgment of…

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