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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 19
THE CITATION OF FALSE AUTHORITIES: THE LEGAL REPRESENTATIVES HAVE A DATE IN COURT ON THE 23rd MAY

THE CITATION OF FALSE AUTHORITIES: THE LEGAL REPRESENTATIVES HAVE A DATE IN COURT ON THE 23rd MAY

May 19, 2025 · by gexall · in Civil Procedure, Conduct, Members Content

I have written several times about the remarkable decision in  Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) where false authorities were presented to the court.  I have also written about …

COST BITES 238: WHEN A CLIENT DISPUTES THE SOLICITOR'S COSTS: THE JUDGE'S VIEW ON MEMORY, WITNESSES AND STATEMENTS DRAFTED "WITH THE GUIDING HAND OF THE CLAIMANTS' SOLICITOR"

COST BITES 238: WHEN A CLIENT DISPUTES THE SOLICITOR’S COSTS: THE JUDGE’S VIEW ON MEMORY, WITNESSES AND STATEMENTS DRAFTED “WITH THE GUIDING HAND OF THE CLAIMANTS’ SOLICITOR”

May 19, 2025 · by gexall · in Assessment of Costs, Costs, Members Content, Witness statements

Today we are looking at part of a judgment about costs.  Ten claimants had been selected (out of 223) to give evidence challenging a solicitor’s deduction of success fees. In fact only four of the claimants attended court to give…

PERSONAL INJURY POINTS 4: THE EMPLOYER WAS IN BREACH OF DUTY WHEN EMPLOYEE WAS INJURED CROSSING THE ROAD

PERSONAL INJURY POINTS 4: THE EMPLOYER WAS IN BREACH OF DUTY WHEN EMPLOYEE WAS INJURED CROSSING THE ROAD

May 19, 2025 · by gexall · in Civil evidence, Members Content, Personal Injury

Last week we looked at a  case where someone was injured in their workplace, but there was no breach.  Today we are looking a case where an employee was injured crossing the road and it was held that the employer…

CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION

CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION

May 19, 2025 · by gexall · in Avoiding negligence claims, Jurisdiction,, Limitation, Members Content, Service of the claim form, Serving documents

Today we are looking at a case that raises important issues.  The judge decided that calling someone gay is not defamatory. However here we are not concerned with the substantive issues but two procedural issues raised in the case. Firstly…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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