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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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Recent Posts

  • THE CURRENT IMPORTANCE OF PLEADINGS 88: ANOTHER CASE STRUCK OUT BECAUSE OF INADEQUATE PLEADINGS: “THE DEFENDANTS ARE ENTITLED TO KNOW THE CASE AGAINST THEM…”
  • THE CURRENT IMPORTANCE OF PLEADINGS 87: A CLAIM CAN BE STRUCK OUT ON AN ANALYSIS OF THE PLEADED CASE
  • EXPERT WATCH 64: LOOKING AT THE CONSEQUENCES OF AN EXPERT REPORTING BADLY
  • COST BITES 428 : IF THERE IS NO CHARGING CLAUSE IN THE WILL CAN THE SOLICITOR GET PAID?
  • COST BITES 427: WHEN A SOLICITOR ABANDONS AN ASSESSMENT: PERSONAL LIABILITY AND INDEMNITY COSTS FOLLOW

Top Posts

COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"
THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON
ARTIFICIAL INTELLIGENCE IN COURT: AN INTERESTING PRACTICE DIRECTION FROM THE HIGH COURT IN IRELAND : GOOD ADVICE FOR US ALL
COST BITES 424: A CLAIM FOR 30.5 HOURS IN ONE DAY: A SCHEDULE "SO UNRELIABLE IT CANNOT FORM THE BASIS FOR ASSESSMENT"
ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

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