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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 255: SOME IMPORTANT LESSONS HERE:  LEGAL OMBUDSMAN HOLDS THAT A FIRM ACTING ON A DBA CANNOT BE PAID TWICE FOR THE SAME WORK: FULL REFUND ORDERED (WITH INTEREST)

COST BITES 255: SOME IMPORTANT LESSONS HERE: LEGAL OMBUDSMAN HOLDS THAT A FIRM ACTING ON A DBA CANNOT BE PAID TWICE FOR THE SAME WORK: FULL REFUND ORDERED (WITH INTEREST)

July 9, 2025 · by gexall · in Civil Procedure, Conditional Fee Agreements, Costs, Members Content

The courts have, on occasion, indicated that the legal ombudsman may be a more cost effective way of resolving solicitor and own client costs disputes than expensive litigation. We are looking at such a case here, an ombudsman decision in…

"LESS IS MORE" WHEN DRAFTING NOTICES OF APPEAL: THE "KITCHEN SINK" APPROACH  DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION

“LESS IS MORE” WHEN DRAFTING NOTICES OF APPEAL: THE “KITCHEN SINK” APPROACH DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION

July 9, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Written advocacy

When a Lord Justice of Appeal looks at a notice of appeal and skeleton and refers to a “kitchen sink” approach, we can probably surmise that a proposed appellant  is going to have some difficulty here. When of their colleagues…

IF A CLAIMANT ISSUES AND LITIGATES WHEN THEY DO NOT HAVE CAPACITY - ARE THEY LIABLE FOR THE COSTS INCURRED? COURT OF APPEAL SCRUTINISES EXPERT EVIDENCE AND FINDS IT WANTING

IF A CLAIMANT ISSUES AND LITIGATES WHEN THEY DO NOT HAVE CAPACITY – ARE THEY LIABLE FOR THE COSTS INCURRED? COURT OF APPEAL SCRUTINISES EXPERT EVIDENCE AND FINDS IT WANTING

July 9, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Yesterday we looked at issues relating to the capacity of a solicitor’s client and their consequent liability to pay costs.  Today we look at a case about inter partes costs. If a claimant brings proceedings but does not, in fact,…

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Recent Posts

  • MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN’T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS
  • COST BITES 376: THE NEED TO KEEP THE CLIENT INFORMED OF COSTS BEING INCURRED: THE SOLICITOR SHOULD HAVE INFORMED THE CLIENT THAT COSTS OF US $35,343,213.96 WERE BEING INCURRED
  • BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS’ BILLS
  • AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..
  • WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION

Top Posts

  • BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS' BILLS
  • COST BITES 376: THE NEED TO KEEP THE CLIENT INFORMED OF COSTS BEING INCURRED: THE SOLICITOR SHOULD HAVE INFORMED THE CLIENT THAT COSTS OF US $35,343,213.96 WERE BEING INCURRED
  • MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN'T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS
  • SETTING ASIDE DEFAULT JUDGMENT: THE RELEVANCE OF DELAY AND THE DENTON PRINCIPLES CONSIDERED IN THE HIGH COURT
  • WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION

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