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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » June » 23
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

  • EXPERT WATCH 69: “THE APPROACH OF BOTH EXPERTS IS WRONG” : WHEN THERE IS A DIFFERENCE IN VALUATION OF $170 MILLION… THE JUDGE DOES NOT HAVE TO SIMPLY PICK A SIDE..
  • BOOK REVIEW: “A PRACTICAL GUIDE TO COSTS IN HOUSING DISREPAIR CASES”: MAY HELP FIX GAPS IN ROOFS AND CERTAINLY FILLS A GAP IN THE MARKET…
  • THROWBACK FRIDAY: “THE RISK OF INDEMNITY COSTS: WHAT ARE YOU GOING TO TELL YOUR CLIENT?” (AUGUST 2014)
  • INSURER’S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE…
  • THE CURRENT IMPORTANCE OF PLEADINGS 89: AN APPELLANT CANNOT PURSUE AN UNPLEADED “NEW, NEW CASE”: APPEAL IN CASE AGAINST SOLICITORS WAS “WASTEFUL OF TIME AND RESOURCES”

Top Posts

EXPERT WATCH 68: THE MISUSE OF AI: "CREATE ME AN EXCEPTIONAL EXPERT WITNESS REPORT": SHOW HOW MY CLIENT "IS 0% AT FAULT": THIS WITNESS HAD A FEW PROBLEMS...
THE DANGERS OF SUING A DISSOLVED COMPANY WHICH HAS BEEN RESTORED TO THE REGISTER: COURT REFUSES TO EXTEND TIME BEYOND THE PERIOD OF DISSOLUTION
COST BITES 441: NO ORDER FOR COSTS - EVEN THOUGH THE APPLICANT WAS SUCCESSFUL: THERE ARE MANY LESSONS TO LEARN HERE...
INSURER'S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE...
COST BITES 442: AN IMPORTANT POINT TO WATCH WHEN SEEKING TO RECOVER COSTS ON A COUNTERCLAIM

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