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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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JOINING A SOLICITOR INTO AN APPLICATION, WITH A THREAT OF COSTS - LED TO THE APPLICANTS PAYING £45,000 IN COSTS

JOINING A SOLICITOR INTO AN APPLICATION, WITH A THREAT OF COSTS – LED TO THE APPLICANTS PAYING £45,000 IN COSTS

May 21, 2024 · by gexall · in Applications, Avoiding negligence claims, Costs, Members Content

The case of Tonstate Group Ltd & Ors v Wojakowski & Anor [2024] EWHC 1196 (Ch) is a real world example of the dangers of joining a litigant’s firm of solicitors in an application, threatening to seek costs against them. …

PART 36 THE PAST 12 MONTHS: HOW HUGH GRANT AND THE DUKE OF SUSSEX FEATURE IN A WEBINAR ABOUT CIVIL PROCEDURE: USEFUL WATCHING IF YOU HAVE TIME TO SPARE...

PART 36 THE PAST 12 MONTHS: HOW HUGH GRANT AND THE DUKE OF SUSSEX FEATURE IN A WEBINAR ABOUT CIVIL PROCEDURE: USEFUL WATCHING IF YOU HAVE TIME TO SPARE…

May 21, 2024 · by gexall · in Civil Procedure, Members Content, Part 36, Webinar

The webinar I gave on the 13th May discussing Part 36 cases over the previous 12 months is now available on YouTube on this link.  Cases looked at include: Holden -v- Holden – were Part 36 offers valid offers? Colicci…

MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION

MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION

May 21, 2024 · by gexall · in Appeals, Conduct, Costs, Fundamental Dishonesty, Members Content, Personal Injury

I am grateful to both Kevin Latham and Andrew Buchan for pointing out the judgment of the Court of Appeal in Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552. The court held that a judge had acted…

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  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: “THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES…”
  • PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
  • CLAIMS FOR LOSS OF EARNINGS: AVOIDING THE PITFALLS: WEBINAR 19th JUNE 2026 (TOGETHER WITH A USEFUL QUESTIONNAIRE AND SERIES OF CHECKLISTS)
  • THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL
  • COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE “A GREAT MYSTERY” TO MANY SOLICITORS (NOT MY WORDS…)

Top Posts

  • THE "WEAPONISATION" OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT'S NOT CLEVER, IT'S NOT "TOUGH" AND IT CERTAINLY IS NOT A MARKETING TOOL
  • THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A "NUMBER CRUNCHING EXERCISE" (APRIL 2018)
  • PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: "THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES..."
  • COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE "A GREAT MYSTERY" TO MANY SOLICITORS (NOT MY WORDS...)

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