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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » October » 06

THE JUDGE WAS RIGHT TO ALLOW A WASTED COSTS APPLICATION AGAINST THE CLAIMANT’S SOLICITORS TO PROCEED TO STAGE 2: MUCH TO THINK ABOUT HERE FOR CLINICAL NEGLIGENCE LAWYERS (AND INDEED ANYONE WHO DRAFTS PLEADINGS)

October 6, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Clinical Negligence, Costs, Members Content, Statements of Case, Wasted Costs

Here we are considering a case that covers issues relating to clinical negligence, the drafting of pleadings and wasted costs.  It gives much to think about, particularly for those bringing professional negligence actions. (Choose the right type of doctor before…

MAZUR MATTERS 9: WHAT IS MEANT BY THE "CONDUCT OF LITIGATION"?  (2): AN EARLY COURT OF APPEAL DECISION WHICH HELPS

MAZUR MATTERS 9: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION”? (2): AN EARLY COURT OF APPEAL DECISION WHICH HELPS

October 6, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct, Members Content

We are continuing with a detailed examination of the cases and principles relating to what is meant by the “conduct of litigation”.  Here (with some major caveats in mind) we look at the Court of Appeal decision that has been…

PART 36: SHOULD THE COURT EXERCISE ITS DISCRETION SO THAT THE NORMAL PART 36 PROVISIONS DO NOT APPLY? THE HIGH COURT CONSIDERS THE "FORMIDABLE OBSTACLE"...

PART 36: SHOULD THE COURT EXERCISE ITS DISCRETION SO THAT THE NORMAL PART 36 PROVISIONS DO NOT APPLY? THE HIGH COURT CONSIDERS THE “FORMIDABLE OBSTACLE”…

October 6, 2025 · by gexall · in Civil Procedure, Costs, Members Content, Part 36

Here we have a case where the court considered the defendant’s argument that the normal provisions of Part 36 should not apply when that defendant had failed to beat a claimant’s Part 36 offer.  The burden on a party arguing…

PART 36: THE DEFENDANT DID NOT SEEK CLARIFICATION OF THE OFFER – ITS TERMS WERE CLEAR AND WERE EFFECTIVE

October 6, 2025 · by gexall · in Civil Procedure, Costs, Members Content, Part 36

Here we consider a case where a defendant argued that the term of a claimant’s Part 36 offer was not clear and the offer was not, therefore, valid.  The defendant had not sought clarification of the offer. (Unluckily for the…

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Recent Posts

  • THROWBACK FRIDAY: “SKELETON ARGUMENTS – DO THEM PROPERLY OR YOU WON’T GET PAID” (NOVEMBER 2014)
  • COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…

Top Posts

FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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