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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

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  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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