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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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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

  • AN ORDER FOR WASTED COSTS NARROWLY AVERTED – BUT THERE WERE ISSUES ON BOTH SIDES: “NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE AVERTED THEMSELVES WITH GLORY”
  • ATTEMPTS TO “REVISIT” THE PRELIMINARY ISSUES REFUSED: ALSO THE JUDGE WOULD HAVE PREFERRED TO SEE WITNESS STATEMENTS NOT JUST DOCUMENTS…
  • ADVOCACY THE JUDGE’S VIEW A RECAP OF THE SERIES 3: “THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE”: WHY ALL LITIGATORS SHOULD KNOW THESE THINGS…
  • WITNESS EVIDENCE WEDNESDAY: THE PAUCITY OF EVIDENCE PROVIDED BY THE DEFENDANTS: AN APPLICATION FOR SUMMARY JUDGMENT CANNOT BE DEFENDED BY “BARE ASSERTION”
  • COST BITES 433: WHAT ARE “SIGNIFICANT DEVELOPMENTS” WHEN YOU WANT TO VARY A COSTS BUDGET? WHY THERE WERE NO SUCH DEVELOPMENTS HERE

Top Posts

CLAIMANT'S SUCCESSFUL APPEAL AGAINST THE STRIKING OUT OF A CASE BECAUSE A WITNESS STATEMENT HAD NOT BEEN PROVIDED: THE SMALL CLAIMS PROTOCOL IS (VERY) DIFFERENT...
THROWBACK FRIDAY: THE DUTY TO PUT YOUR CASE: FINDINGS MADE ON KEY POINTS THAT WERE NOT PUT TO THE WITNESS OVERTURNED ON APPEAL (AUGUST 2017)
FAILING TO GIVE THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: THE JUDGE MAY THINK THAT THERE IS SOMETHING FISHY GOING ON HERE...
AN ORDER FOR WASTED COSTS NARROWLY AVERTED - BUT THERE WERE ISSUES ON BOTH SIDES: "NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE AVERTED THEMSELVES WITH GLORY"
COST BITES 429: A REMINDER THAT A CLAIMANT IS STILL LIABLE TO PAY COSTS EVEN IF PROCEEDINGS ARE NEVER SERVED: SOMETHING ABOUT PRE-ACTION CONDUCT TOO...

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