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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » December » 22
SOLICITOR AND OWN COSTS ASSESSMENT: HIGH COURT UPHOLDS DECISION THAT CLIENT NOT LIABLE TO PAY ADDITIONAL COUNSEL'S FEES: SOLICITOR TERMINATED THE RETAINER AND COULD NOT RECOVER COSTS

SOLICITOR AND OWN COSTS ASSESSMENT: HIGH COURT UPHOLDS DECISION THAT CLIENT NOT LIABLE TO PAY ADDITIONAL COUNSEL’S FEES: SOLICITOR TERMINATED THE RETAINER AND COULD NOT RECOVER COSTS

December 22, 2021 · by gexall · in Appeals, Costs, Costs budgeting, Members Content

I wrote about the first instance decision in Murray v Richard Slade And Co Ltd [2021] EWHC 3383 (QB), in two posts in January this year, the first is here, the second here.  The claimant in that case (the solicitor…

COURT REFUSES AN APPLICATION FOR INTERIM PAYMENT FOR COSTS: A REVIEW OF THE PREVIOUS CASES

COURT REFUSES AN APPLICATION FOR INTERIM PAYMENT FOR COSTS: A REVIEW OF THE PREVIOUS CASES

December 22, 2021 · by gexall · in Costs, Interim Payments, Members Content

In NAX v MAX & Anor [2021] EWHC 3492 (QB) Master Brown refused a claimant’s application for an interim order for costs.  The judgment is useful in that it reviews the previous cases on the topic and sets out the…

RELIEF FROM SANCTIONS: LATE SERVICE OF ACKNOWLEDGMENT OF SERVICE: NOT A "SUBSTANTIAL, SERIOUS OR SIGNIFICANT" FAILURE

RELIEF FROM SANCTIONS: LATE SERVICE OF ACKNOWLEDGMENT OF SERVICE: NOT A “SUBSTANTIAL, SERIOUS OR SIGNIFICANT” FAILURE

December 22, 2021 · by gexall · in Avoiding negligence claims, Extensions of time, Members Content, Relief from sanctions

In Aelf MSN 242, LLC v De Surinaamse Luchtvaart Maatschappij NV DBA Surinam Airways [2021] EWHC 3482 (Comm) Peter MacDonald Eggers QC (sitting as a Deputy High Court Judge) granted a defendant relief from sanctions in relation to late (and…

THE SUMMARY ASSESSMENT OF COSTS: WHEN IT IS (ABOUT) A LOTTERY

THE SUMMARY ASSESSMENT OF COSTS: WHEN IT IS (ABOUT) A LOTTERY

December 22, 2021 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,

I have mentioned before how many people are interested in reading cases about the summary assessment of costs.  There is an example in the judgment of Senior Master Fontaine in  Goodram & Anor v Camelot UK Lotteries Ltd [2020] EWHC…

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Recent Posts

  • MAZUR MATTERS 64: THE COURT REJECTS WOULD BE APPELLANT’S ARGUMENT THAT A CLAIMANT’S REPRESENTATIVE HAD NO RIGHT OF AUDIENCE
  • THE CURRENT IMPORTANCE OF PLEADINGS 86: DEFENDANT REFUSED PERMISSION TO AMEND DEFENCE ON THE MORNING OF TRIAL
  • THROWBACK FRIDAY: THE DEFENDANT IS NOT THE CLAIMANT’S KEEPER: ANOTHER CASE WHERE (MIS) SERVICE OF THE CLAIM FORM LED TO GRIEF
  • CALCULATORS FOR LAWYERS: A CALCULATOR “SUITE” BUILT BY A WORKING BARRISTER: 14 DAYS FREE TRIAL
  • COST BITES 411: NON-PARTY COSTS ORDER MADE AGAINST CLAIMANT’S DIRECTOR : HE WHO EXPECTS TO BENEFIT RUNS A RISK OF PAYING THE COSTS…

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A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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