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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

  • 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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