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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » November » 07
THE CURRENT IMPORTANCE OF PLEADINGS 36:  A "SCATTERGUN" APPROACH DOES NOT HELP THE CLAIMANTS' CASE (NOR DOES FAILING TO PLEAD KEY ASSERTIONS OF BREACH AND DAMAGES...)

THE CURRENT IMPORTANCE OF PLEADINGS 36: A “SCATTERGUN” APPROACH DOES NOT HELP THE CLAIMANTS’ CASE (NOR DOES FAILING TO PLEAD KEY ASSERTIONS OF BREACH AND DAMAGES…)

November 7, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

A “scattergun” approach is rarely wise in relation to allegations in pleadings.  Here, however we have a case where the judge found that there was both a scattergun approach and a failure to plead in relation to key matters of liability…

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 2: (MIS) CONDUCT IN THE ASSESSMENT PROCESS

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 2: (MIS) CONDUCT IN THE ASSESSMENT PROCESS

November 7, 2025 · by gexall · in Assessment of Costs, Civil Procedure, Conduct, Costs, Members Content

Staying with the conference today.  Costs Judge Leonard gave an interesting talk on “conduct” in the assessment process which he, said was more accurately about “misconduct in the assessment process. (This was one of Judge Leonard’s slides. It highlights the…

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 1 : MAZUR ISSUES: WAS IT CORRECTLY DECIDED? WHY IT IS IMPORTANT THAT COST LAWYERS ARE REGULATED

TALES FROM THE COSTS LAW CONFERENCE SOME BRIEF POINTS 1 : MAZUR ISSUES: WAS IT CORRECTLY DECIDED? WHY IT IS IMPORTANT THAT COST LAWYERS ARE REGULATED

November 7, 2025 · by gexall · in Civil Procedure, Costs, Members Content

Today I am writing directly from the Association of Costs Lawyers conference in London. Unsurprisingly the first two speakers considered Mazur.  This is a highly abbreviated version of their talks.  ANDREW ROY KC Andrew, kindly referring to this blog as…

MAZUR MATTERS 34: "LEGAL EXECUTIVES" AND THE RIGHT TO CONDUCT LITIGATION AN INTERESTING DISCUSSION PAPER FROM 2010: ANOTHER PIECE OF THE "HOW HAS THIS HAPPENED"? JIGSAW

MAZUR MATTERS 34: “LEGAL EXECUTIVES” AND THE RIGHT TO CONDUCT LITIGATION AN INTERESTING DISCUSSION PAPER FROM 2010: ANOTHER PIECE OF THE “HOW HAS THIS HAPPENED”? JIGSAW

November 7, 2025 · by gexall · in Civil Procedure, Conduct, Members Content

We have, in the past few months, been addressing issues that arise from a statute passed some 18 years ago. The issues in relation to the obligation of solicitors and authorised persons (and only solicitors and authorised persons) to conduct litigation…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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