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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 02
COST BITES 235: HOW IMPORTANT ARE ESTIMATES WHEN DETERMINING SOLICITOR AND OWN CLIENT COSTS?

COST BITES 235: HOW IMPORTANT ARE ESTIMATES WHEN DETERMINING SOLICITOR AND OWN CLIENT COSTS?

May 2, 2025 · by gexall · in Assessment of Costs, Costs, Members Content

Most clients will want to know how much legal work is going to cost them.  Most lawyers provide an estimate.  The question in this case is how significant is that original estimate in a subsequent solicitor and own client assessment? …

CLAIMANT NOT ENTITLED TO SECURITY FOR COSTS: APPLICATION BY A THIRD PARTY WAS NOT A "NEW CLAIM"

CLAIMANT NOT ENTITLED TO SECURITY FOR COSTS: APPLICATION BY A THIRD PARTY WAS NOT A “NEW CLAIM”

May 2, 2025 · by gexall · in Civil Procedure, Members Content, Uncategorized

Normally only a defendant can apply for security for costs.  In this case the claimant applied for security for costs when a third party made an application.  The question for the court was – in these circumstances can the applicant…

THE CURRENT IMPORTANCE OF PLEADINGS 8: "ASSERTED LOSS" DID NOT COMPLY WITH THE RULES AND THE CLAIM WAS STRUCK OUT

THE CURRENT IMPORTANCE OF PLEADINGS 8: “ASSERTED LOSS” DID NOT COMPLY WITH THE RULES AND THE CLAIM WAS STRUCK OUT

May 2, 2025 · by gexall · in Applications, Avoiding negligence claims, Members Content, Statements of Case, Striking out, Summary judgment

We are looking at a case where the entire case was struck out on various grounds. The claimant did not attend the hearing to dispute the issues.  However I have isolated one ground of the judgment which relates to a…

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  • “STING OPERATIONS”, SECRET AGENTS, NAIVE SOLICITORS DISCLOSING THEIR CLIENT’S PRIVILEGED INFORMATION, STRIKING OUT AND ABUSE OF PROCESS: COURT OF APPEAL DECISION HIGHLIGHTS THE MAJOR RISKS OF “PRIVILEGE HUNTING”

Top Posts

"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
WHAT SHOULD A SOLICITOR DO IF A CLIENT IS PUTTING FORWARD AN ACCOUNT THAT MAY BE UNTRUE AND THEN THERE ARE "RED FLAGS"? WHEN IS THE LINE CROSSED: THE DUTIES CONSIDERED IN DETAIL
"STING OPERATIONS", SECRET AGENTS, NAIVE SOLICITORS DISCLOSING THEIR CLIENT'S PRIVILEGED INFORMATION, STRIKING OUT AND ABUSE OF PROCESS: COURT OF APPEAL DECISION HIGHLIGHTS THE MAJOR RISKS OF "PRIVILEGE HUNTING"
COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER

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