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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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IF YOU DISCONTINUE AN ACTION THEN YOU'RE (NORMALLY) BE GOING TO PAYING THE COSTS: THE HIGH BURDEN IMPOSED IN AN APPEAL AGAINST A DECISION AS TO COSTS

IF YOU DISCONTINUE AN ACTION THEN YOU’RE (NORMALLY) BE GOING TO PAYING THE COSTS: THE HIGH BURDEN IMPOSED IN AN APPEAL AGAINST A DECISION AS TO COSTS

June 23, 2025 · by gexall · in Appeals, Conduct, Costs

Anyone attempting to appeal against an order for costs faces an uphill battle. This may be doubly so if the costs order is made presumptively because they have discontinued an action. Here we consider a case where the difficulties of…

DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?

DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?

June 23, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case

What should the court’s approach be if a party serves a Part 18 request but, for various reasons,  it does not comply with the rules?  The respondent to the request in this case took the point.  The Master had to…

THE WRONGFUL SHARING OF EMBARGOED JUDGMENTS: "A WARNING TO ALL SOLICITORS":  ANOTHER LAYER OF RESPONSIBILITY AND ISSUES TO CONSIDER

THE WRONGFUL SHARING OF EMBARGOED JUDGMENTS: “A WARNING TO ALL SOLICITORS”: ANOTHER LAYER OF RESPONSIBILITY AND ISSUES TO CONSIDER

June 23, 2025 · by gexall · in Abuse of Process, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

Cases relating to the wrongful sharing or disclosure of embargoed judgment have become a surprisingly common feature of litigation in recent times.  Here we look at another High Court decision where this has happened. The judge states that there are…

ANOTHER ROUND IN THE MEDICAL AGENCY/FEE BREAKDOWN CONFLICT: THERE ARE LOTS OF CASES TO CHOOSE FROM...

ANOTHER ROUND IN THE MEDICAL AGENCY/FEE BREAKDOWN CONFLICT: THERE ARE LOTS OF CASES TO CHOOSE FROM…

June 23, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Experts, Members Content

I am grateful to Express Solicitors for sending me a transcript of a judgment that marks another round in the fee note/medical agency/provide a breakdown conflict.  Here we have the judge considering whether a breakdown, incorporating the percentage taken by…

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Recent Posts

  • MEMBER NEWS: NEW ADAPTATION TO ENSURE THAT YOU CAN CLICK STRAIGHT THROUGH TO THE POST YOU WANT
  • MORE ABOUT WHO CAN PROPERLY “CONDUCT LITIGATION”: THE SUBMISSIONS OF THE LAW SOCIETY AND SOLICITORS REGULATION AUTHORITY: “TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT”
  • WITNESS EVIDENCE WEDNESDAY: “HIS EVIDENCE WAS FREQUENTLY AGGRESSIVE AND SARCASTIC”: SOMETIMES WITNESSES DO NOT HELP THEMSELVES
  • A DECISION OF PROFOUND PRACTICAL IMPORTANCE TO SOLICITORS: WHEN IS SOMEONE EMPLOYED BY A SOLICITOR ENTITLED TO “CONDUCT” LITIGATION? A HIGH COURT DECISION THAT WILL HAVE WIDESPREAD RAMIFICATIONS
  • COST BITES 290: BARRISTERS TAKE CARE: ANOTHER REASON THE DBAS WERE INVALID – FAILURE TO INCLUDE COUNSEL’S FEES IN THE EQUATION…

Top Posts

  • MORE ABOUT WHO CAN PROPERLY "CONDUCT LITIGATION": THE SUBMISSIONS OF THE LAW SOCIETY AND SOLICITORS REGULATION AUTHORITY: "TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT"
  • A DECISION OF PROFOUND PRACTICAL IMPORTANCE TO SOLICITORS: WHEN IS SOMEONE EMPLOYED BY A SOLICITOR ENTITLED TO "CONDUCT" LITIGATION? A HIGH COURT DECISION THAT WILL HAVE WIDESPREAD RAMIFICATIONS
  • MEMBER NEWS: NEW ADAPTATION TO ENSURE THAT YOU CAN CLICK STRAIGHT THROUGH TO THE POST YOU WANT
  • WITNESS EVIDENCE WEDNESDAY: "HIS EVIDENCE WAS FREQUENTLY AGGRESSIVE AND SARCASTIC": SOMETIMES WITNESSES DO NOT HELP THEMSELVES
  • IT WOULD BE AN "AFFRONT TO JUSTICE" NOT TO SET ASIDE THIS "FINAL" JUDGMENT: THERE IS A LOT HERE THAT EVERYONE INVOLVED IN THE LITIGATION PROCESS SHOULD PROBABLY READ

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