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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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REVIEW OF BLOCK LISTING: HELP PIBA WITH INFORMATION ON ITS "EFFECTIVENESS" (AND THE PROBLEMS CAUSED TO THOSE WHO ARE NOT REACHED)

REVIEW OF BLOCK LISTING: HELP PIBA WITH INFORMATION ON ITS “EFFECTIVENESS” (AND THE PROBLEMS CAUSED TO THOSE WHO ARE NOT REACHED)

April 22, 2019 · by gexall · in Access to justice, Applications, Members Content

Every so often the MOJ has periods of “block listing” events at the Royal Court of Justice.  Essentially many Fast Track cases are listed and many dozens of litigants turn up in the hope of having their cases heard.  This…

MORE ON LAST MINUTE ADJOURNMENTS: SERIOUS CASES PULLED FROM THE LIST AT THE LAST MOMENT (AND CLAIMANTS HAVING TO PAY FOR THE PRIVILEGE OF EXTENDING THE LISTING PERIOD)

May 7, 2018 · by gexall · in Access to justice, Adjournments, Case Management, Civil Procedure, Listing, Members Content

I am continuing to collect issues relating to listing. Doing this by a serious of posts on the topic.  You can get a flavour of the problems by some of the issues raised on Twitter over the past few days. …

LISTING - WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM

LISTING – WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM

April 15, 2018 · by gexall · in Abuse of Process, Adjournments, Civil Procedure, Listing, Members Content

I’m quite happy to carry on posting about listing issues.  Litigants should not suffer in silence.  I post these three reports without comment. Delay of 10 months for listing of applications “Fast track personal injury claim in Central London County…

COURT LISTING - JUST WHEN YOU THOUGHT IT COULDN'T GET ANY WORSE

COURT LISTING – JUST WHEN YOU THOUGHT IT COULDN’T GET ANY WORSE

April 11, 2018 · by gexall · in Adjournments, Case Management, Listing, Members Content

I wasn’t planning a regular series on the vagaries of court listing.  I post these without comment. Both from Twitter today. Parties not told of an adjournment Barrister Banter  ‏@balchinlawyer 11 So at Court to discover case was adjourned a week ago…

PROBLEMS WITH LISTING: A CONTINUING SAGA

PROBLEMS WITH LISTING: A CONTINUING SAGA

April 9, 2018 · by gexall · in Access to justice, Adjournments, Civil Procedure, Listing, Members Content

Complaints about listing continue. Some are put as comments to the original post on this blog, some use the #courtlisting  hashtag on Twitter.  This is just a flavour of complaints in the last week. Three months to acknowledge receipt of…

THE SECRET BARRISTER - WHERE DO I START? (1) LETS TRY LISTING

THE SECRET BARRISTER – WHERE DO I START? (1) LETS TRY LISTING

March 25, 2018 · by gexall · in Access to justice, Book Review, Listing, Members Content

Like many of the legal fraternity I have spent this weekend reading the Secret Barrister’s “Stories of the Law and how its Broken”.   The book is about criminal law and criminal procedure, however there is much for civil litigators to…

OVER-LISTING HAS CONSEQUENCES : (SO DOES TALKING OVER YOUR OPPONENT): HEARINGS SHOULD NOT BECOME A "SHOUTING MATCH"

OVER-LISTING HAS CONSEQUENCES : (SO DOES TALKING OVER YOUR OPPONENT): HEARINGS SHOULD NOT BECOME A “SHOUTING MATCH”

March 22, 2018 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

There is a page on this blog where I am attempting to collate problems with listing (across all jurisdictions).  The judgment reported today in  A v R & Anor (Appeal of Summary Determination) [2018] EWHC 521 provides a reminder that listing…

COURT WATCH: DON'T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE

COURT WATCH: DON’T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE

March 20, 2018 · by gexall · in Access to justice, Adjournments, Case Management, Civil Procedure, Members Content

There have been constant, and consistent, grumblings on social media about problems with court listing. Cases are cancelled at the last moment. Courts are overbooked. There appears to be no, or very little, thought given to the expense involved and…

SORRY SILKS: IMPORTANT AS YOU ARE THE CASE IS NOT BEING HELD UP FOR YOU: THE TAIL IS NOT GOING TO WAG THE DOG

SORRY SILKS: IMPORTANT AS YOU ARE THE CASE IS NOT BEING HELD UP FOR YOU: THE TAIL IS NOT GOING TO WAG THE DOG

November 13, 2017 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

The judgment of Mr Justice Fraser in Bates & Ors v Post Office Ltd [2017] EWHC 2844 (QB) contains some telling observations about case management, listing and the need to comply with the overriding objective. “Fitting hearings around [counsel’s] availability has…

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