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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 276  : A SUMMARY ASSESMENT IN ACTION: COSTS AFTER AN ARGUMENT ABOUT COSTS... THE COURT WOULD NOT IMPOSE A COSTS CAP - LOWER THAN THE FIGURE ARGUED FOR ON APPEAL

COST BITES 276 : A SUMMARY ASSESMENT IN ACTION: COSTS AFTER AN ARGUMENT ABOUT COSTS… THE COURT WOULD NOT IMPOSE A COSTS CAP – LOWER THAN THE FIGURE ARGUED FOR ON APPEAL

August 29, 2025 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Summary assessment,

Here we are looking a a summary assessment of costs following an appeal that was all about costs.  The are a number of issues of interest here: the hourly rates, time spent and use of Leading Counsel are considered.  Further…

LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR ACTIVITIES: WEBINAR 3rd SEPTEMBER 2025

LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR ACTIVITIES: WEBINAR 3rd SEPTEMBER 2025

August 29, 2025 · by gexall · in Civil evidence, Personal Injury, Webinar

As recent events have shown the consequences of inadequate training, supervision and knowledge of those responsible for running outdoor activities can lead to major injuries and fatalities.  The webinar looks at the case law, statutes and general guidance in relation…

APPLYING TO SET ASIDE A DEFAULT JUDGMENT: WHAT IS MEANT BY "PROMPT"? THE ISSUES CONSIDERED IN DETAIL BY THE HIGH COURT

APPLYING TO SET ASIDE A DEFAULT JUDGMENT: WHAT IS MEANT BY “PROMPT”? THE ISSUES CONSIDERED IN DETAIL BY THE HIGH COURT

August 29, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Setting aside judgment

When a court considers setting aside a regular default judgment it must have regard to whether the application was made “promptly”.  There is a consideration of that issue in the case we consider here.  There had been some delay in…

ANONYMITY AND REPORTING RESTRICTIONS IN CIVIL CASES (2): THE PROCESS THAT JUDGE'S SHOULD FOLLOW WHEN CONSIDERING THESE ISSUES

ANONYMITY AND REPORTING RESTRICTIONS IN CIVIL CASES (2): THE PROCESS THAT JUDGE’S SHOULD FOLLOW WHEN CONSIDERING THESE ISSUES

August 29, 2025 · by gexall · in Applications, Case Management, Civil evidence, Civil Procedure, Clinical Negligence, Members Content, Personal Injury

The previous post looked at the Court of Appeal decision yesterday in relation to applications for anonymity in civil cases.  Here we take a close look at the factors that the courts have to consider when an application for anonymity…

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Recent Posts

  • WITNESS EVIDENCE WEDNESDAY: WHEN A LITIGATOR MAKES A STATEMENT ON BEHALF OF THEIR CLIENT: A USEFUL CHECKLIST ON THE SOURCE OF INFORMATION AND BELIEF
  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
  • PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”
  • COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?

Top Posts

RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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