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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » September » 02
DEFENDANT'S APPLICATION TO EXTEND TIME TO CHALLENGE COSTS PROVISIONS REFUSED: 21 DAYS WAS A SERIOUS AND SIGNIFICANT BREACH AND THERE WAS NO GOOD REASON FOR IT

DEFENDANT’S APPLICATION TO EXTEND TIME TO CHALLENGE COSTS PROVISIONS REFUSED: 21 DAYS WAS A SERIOUS AND SIGNIFICANT BREACH AND THERE WAS NO GOOD REASON FOR IT

September 2, 2025 · by gexall · in Applications, Civil Procedure, Costs, Members Content, Relief from sanctions

Here we are looking at a case where the court refused the defendant’s application to extend time when the defendant wanted to challenge the argument that costs were capped.  It was held that the defendant’s delay of 21 days was…

ATTENDANCE NOTES IN CIVIL LITIGATION 2025: WEBINAR 15th SEPTEMBER 2025

ATTENDANCE NOTES IN CIVIL LITIGATION 2025: WEBINAR 15th SEPTEMBER 2025

September 2, 2025 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Webinar

There have been at least three cases over the previous few months where attendance notes taken by solicitors have played a significant part in the outcome of a case, appeal or application.  These notes protected a solicitor against complaints of…

COST BITES 278: HOURLY RATES OF £685(GRADE A) AND £420 (GRADE C) ALLOWED: A SUMMARY ASSESSMENT IN ACTION

COST BITES 278: HOURLY RATES OF £685(GRADE A) AND £420 (GRADE C) ALLOWED: A SUMMARY ASSESSMENT IN ACTION

September 2, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

One of the aims of this series is to look at how costs awards are being made in practice.  What is happening “on the ground” is important, if not essential,  knowledge for working litigators. Here we look at a summary…

COST BITES 277: WHEN A CLIENT CHALLENGES A SOLICITOR'S BILL BUT IS OUTSIDE THE TIME PERIODS FOR CHALLENGE IN THE SOLICITORS ACT: THE RESIDUAL ISSUE OF COSTS BEING REASONABLE AND THE COMMON LAW ASSESSMENT

COST BITES 277: WHEN A CLIENT CHALLENGES A SOLICITOR’S BILL BUT IS OUTSIDE THE TIME PERIODS FOR CHALLENGE IN THE SOLICITORS ACT: THE RESIDUAL ISSUE OF COSTS BEING REASONABLE AND THE COMMON LAW ASSESSMENT

September 2, 2025 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

Here we are looking at a case that reminds us that a client’s ability to challenge the reasonableness of solicitor’s costs can go outside the Solicitors Act.  Even when the time for challenging the bill has passed the court can…

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  • THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”
  • SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS
  • WITNESS EVIDENCE WEDNESDAY: TIPS FOR TESTIFYING IN COURT: FROM THE UNITED STATE’S ATTORNEY’S OFFICE (MIDDLE DISTRICT OF PENNSYLVANIA)
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  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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