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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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MAZUR MATTERS 19: TWO USEFUL LINKS: THIS HAS CHANGED THE PROFESSION'S UNDERSTANDING NOT THE LAW: STEPS TO ENSURE COMPLIANCE

MAZUR MATTERS 19: TWO USEFUL LINKS: THIS HAS CHANGED THE PROFESSION’S UNDERSTANDING NOT THE LAW: STEPS TO ENSURE COMPLIANCE

October 16, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

I am attempting to avoid the blog being solely about Mazur. However the fact is that the Mazur issues are the most widely read posts, many of the more mainstream issues having taken a backseat.   Whilst there is some commentary…

MAZUR MATTERS 18: WHAT DIFFERENCE WILL MAZUR MAKE TO THE ASSESSMENT OF COSTS? HOW ABOUT - ABSOLUTELY NONE...

MAZUR MATTERS 18: WHAT DIFFERENCE WILL MAZUR MAKE TO THE ASSESSMENT OF COSTS? HOW ABOUT – ABSOLUTELY NONE…

October 15, 2025 · by gexall · in Civil Procedure, Costs, Members Content

Much has been written about Mazur, this includes many “column inches” about the implications for inter parties and solicitor and own client costs. However there is some support for the proposition that the fact that an “unauthorised” litigator has not…

MAZUR MATTERS 17: WHAT ABOUT COST LAWYERS?  RE-VISITING OLD GROUND: A CASE THAT MAKES USEFUL READING

MAZUR MATTERS 17: WHAT ABOUT COST LAWYERS? RE-VISITING OLD GROUND: A CASE THAT MAKES USEFUL READING

October 14, 2025 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

There are a number of issues that have come up in relation to the impact of the Mazur decision.  One of those relates to the activities of cost lawyers.  The case law and principles relating to this were considered in…

MAZUR MATTERS 15: COULD BREACHES OF THE LEGAL SERVICES ACT LEAD TO AN ACTION BEING STRUCK OUT? WHY YOU SHOULDN'T BELIEVE EVERYTHING YOU READ

MAZUR MATTERS 15: COULD BREACHES OF THE LEGAL SERVICES ACT LEAD TO AN ACTION BEING STRUCK OUT? WHY YOU SHOULDN’T BELIEVE EVERYTHING YOU READ

October 13, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content

I have gently, perhaps too gently, suggested that a great deal of what is being written and said about the impact of Mazur is “unhelpful”.  Put more bluntly some of it is inaccurate and misleading.  There is much “wishful thinking”…

MAZUR MATTERS 14: ENSURING THAT AN AUTHORISED PERSON HAS "CONDUCT OF LITIGATION": A PRACTICAL GUIDE: WEBINAR ON 31st OCTOBER 2025

MAZUR MATTERS 14: ENSURING THAT AN AUTHORISED PERSON HAS “CONDUCT OF LITIGATION”: A PRACTICAL GUIDE: WEBINAR ON 31st OCTOBER 2025

October 13, 2025 · by gexall · in Civil evidence, Civil Procedure, Conduct, Costs

As all readers of this blog will now by now The decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) means that solicitors must ensure that an “authorised person” has conduct of litigation.  A failure to…

MAZUR MATTERS 13: WHAT IS MEAN BY "THE CONDUCT OF LITIGATION" 4: THE COURT SHOULD LOOK AT THE ENTIRETY OF ACTIVITIES UNDERTAKEN "IN THE ROUND"

MAZUR MATTERS 13: WHAT IS MEAN BY “THE CONDUCT OF LITIGATION” 4: THE COURT SHOULD LOOK AT THE ENTIRETY OF ACTIVITIES UNDERTAKEN “IN THE ROUND”

October 10, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

The decision Mazur continues to attract considerable comment, for good reason.   Here we consider the question of how the courts approach the issue. (13 may be lucky for some. Just remember the court considers the position “in the round”).  …

MAZUR MATTERS 12: WHAT IS MEANT BY "THE CONDUCT OF LITIGATION" 3: JUDGMENT ON WHAT IS NOT THE CONDUCT OF LITIGATION

MAZUR MATTERS 12: WHAT IS MEANT BY “THE CONDUCT OF LITIGATION” 3: JUDGMENT ON WHAT IS NOT THE CONDUCT OF LITIGATION

October 9, 2025 · by gexall · in Civil Procedure, Conduct, Costs, Members Content

We are continuing with the detailed look at the consequences of the Mazur case.  Here we look at that part of a judgment where the court made clear findings as to what did not constitute the conduct of litigation. (Staying outside…

MAZUR MATTERS 11: WHAT IS MEANT BY "THE CONDUCT OF LITIGATION" 2 (A) : WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS

MAZUR MATTERS 11: WHAT IS MEANT BY “THE CONDUCT OF LITIGATION” 2 (A) : WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS

October 8, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Costs, Members Content, Service of the claim form, Serving documents

Comment on the implications  of the Mazur decision goes on unabated.  Some of this is informed commentary, some it is definitely not.  On this site we are going to continue the examination of the primary sources of assistance to litigators…

MAZUR RECORDING - NOW AVAILABLE

MAZUR RECORDING – NOW AVAILABLE

October 7, 2025 · by gexall · in Civil Procedure, Conduct, Costs, Webinar

The webinar on Mazur I did last Friday is now available from Steve Cornforth who kindly arranged it. Details are below. (You can watch the recording on any screen you like – well nearly…) HOW TO GET IN TOUCH WITH…

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