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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PART 36, REFUSAL TO MEDIATE AND SHOULD A PARTY BE SUBJECT TO THE PART 36 PENALTIES WHEN AN OFFER WAS MADE TO THREE DEFENDANTS?

PART 36, REFUSAL TO MEDIATE AND SHOULD A PARTY BE SUBJECT TO THE PART 36 PENALTIES WHEN AN OFFER WAS MADE TO THREE DEFENDANTS?

July 4, 2025 · by gexall · in Civil Procedure, Costs, Mediation & ADR, Members Content, Part 36

What should the court do in a case where a Part 36 offer is made in relation to a number of defendants but the claimant only succeeds against one of them?  Can a failure to accept an offer of mediation…

CLAIMANT GRANTED RELIEF FROM SANCTIONS (ON APPEAL) FOLLOWING LATE SERVICE OF A COSTS BUDGET (TWO YEARS AND FIVE MONTHS LATE…): BUT AT A COST…

July 4, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content, Relief from sanctions

Cases relating to late service of the costs budget are still filtering through. Rarely, however,  does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…

COST BITES 252: WHEN CAN A SOLICITOR PROPERLY TERMINATE A RETAINER? WAS THE CLIENT "THROWN TO THE LIONS"?

COST BITES 252: WHEN CAN A SOLICITOR PROPERLY TERMINATE A RETAINER? WAS THE CLIENT “THROWN TO THE LIONS”?

July 4, 2025 · by gexall · in Assessment of Costs, Civil evidence, Civil Procedure, Costs

Here we are looking at a very small part of a judgment in relation to costs on a solicitor/own client assessment. On of the arguments put forward by the (former) client was that the retainer was wrongfully terminated shortly before…

WHEN CAN A JUDGE HEAR AN ISSUE THAT IS NOT "LISTED"?  THE ISSUES CONSIDERED IN THE HIGH COURT

WHEN CAN A JUDGE HEAR AN ISSUE THAT IS NOT “LISTED”? THE ISSUES CONSIDERED IN THE HIGH COURT

July 4, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

If an action is listed for hearing on a specific issue when can the judge hear, and make an order in relation to a different issue?   This is an issue considered in the case we are looking at here.  The…

AVOIDING PROBLEMS IN CIVIL LITIGATION 1: HOW DOES ANYBODY MISS A LIMITATION PERIOD?

AVOIDING PROBLEMS IN CIVIL LITIGATION 1: HOW DOES ANYBODY MISS A LIMITATION PERIOD?

July 4, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Limitation, Members Content

This is the first in the promised series about avoiding problems in civil litigation. The most obvious place to start is with limitation issues.   These sometimes prove particularly problematic for personal injury and clinical negligence lawyers. However there is no…

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Recent Posts

  • COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
  • AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
  • AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
  • EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE – BUT THE PRINCIPLES ARE UNIVERSAL…)
  • BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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