Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » December » 28

COSTS AND CONDUCT: A PERCENTAGE REDUCTION FOR A SUCCESSFUL CLAIMANT

December 28, 2016 · by gexall · in Conduct, Members Content, Uncategorized

In Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2016] EWHC 3233 (TCC) Mr Justice Coulson reduced the claimant’s costs by 40% to reflect the lack of success on many of the key issues in the case. On the three main…

TOO LONG OR TOO SHORT: SCHEDULES and COUNTER-SCHEDULES: THE "CINDERELLAS" OF THE LITIGATION PROCESS

December 28, 2016 · by gexall · in Civil evidence, Damages, Members Content, Schedules, Statements of Case, Statements of Truth, Uncategorized

One important, but often overlooked, element of procedure and legal drafting is the preparation of the schedule of damages and the counter-schedule.  The rules relating to these documents are sparse. However these are important documents, often impacting upon the credibility…

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

December 28, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Credibility of experts, Experts, Fundamental Dishonesty, Injunctions, Members Content, Uncategorized, Witness statements

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS…

COSTS AT THE END OF A CASE: INDEMNITY COSTS, PAYMENTS ON ACCOUNT AND GOING BEYOND THE COSTS BUDGET

December 28, 2016 · by gexall · in Conduct, Costs, Costs budgeting, Members Content, Part 36, Risks of litigation, Uncategorized

In Barkhuysen -v- Hamilton [2016] EWHC 3371 (QB) Mr Justice Warby considered matters relating to costs after a trial. The defendant’s conduct led to an order for indemnity costs being made. The judge also identified those areas in which the claimant…

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 12.3K other subscribers

Recent Posts

  • AN INSURER’S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED…
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING “MIXED” SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO…)
  • WHEN A CASE – WEEKS AWAY FROM TRIAL WAS “UNTENABLE”: HOW DID WE GET HERE?
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS “UNTENABLE”: LESSONS HERE FOR EVERYONE

Top Posts

  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • 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 Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. 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 © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop