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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » June » 03
COST BITES 243: EMPLOYMENT TRIBUNAL DID NOT ERR WHEN IT ORDERED THE APPLICANT TO PAY (UP TO) £210,000 IN COSTS

COST BITES 243: EMPLOYMENT TRIBUNAL DID NOT ERR WHEN IT ORDERED THE APPLICANT TO PAY (UP TO) £210,000 IN COSTS

June 3, 2025 · by gexall · in Assessment of Costs, Costs, Members Content

It is important for all litigators and litigants to know that some regimes, although normally costs free, do have a discretion to award costs.  The Employment Tribunal is an example of this.   In this case the Employment Appeal Tribunal upheld…

WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS

WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS

June 3, 2025 · by gexall · in Civil evidence, Committal proceedings, Members Content, Personal Injury

This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation.  It…

PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR

PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR

June 3, 2025 · by gexall · in Appeals, Members Content, Personal Injury

The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex.  Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…

THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED

THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED

June 3, 2025 · by gexall · in Applications, Civil evidence, Members Content, Statements of Case, Witness statements

Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded.  The judge held that, on the facts of this case, the evidence was…

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Recent Posts

  • ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG
  • 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”
  • THE NEW LAW ON LIMITATION AND SEXUAL ABUSE CLAIMS CONSIDERED IN THE HIGH COURT: THE NEW SECTION 11ZA ONLY EXTENDS TO THE SEXUAL ABUSE ASPECTS OF A CLAIM
  • THROWBACK FRIDAY: GESTMIN GUIDANCE IN THE CONTEXT OF CLINICAL NEGLIGENCE CASES (WITH A CHANCE TO REMEMBER HH ALAN GORE K.C.) : JULY 2019

Top Posts

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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