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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 06
COST BITES 322: WHAT IS THE POSITION OF AN INSURER IN RELATION TO VAT  WHEN THE INSURED IS INSOLVENT: DOES A PAYING PARTY NOW HAVE TO PAY VAT?

COST BITES 322: WHAT IS THE POSITION OF AN INSURER IN RELATION TO VAT WHEN THE INSURED IS INSOLVENT: DOES A PAYING PARTY NOW HAVE TO PAY VAT?

January 6, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

This is an interesting “cost bite” issue.  What is the position on VAT when an insurer is being sued under the Third Parties (Rights Against Insurers) Act 2010 but the insured has gone into voluntary liquidation? Is a paying party…

EXPERT WATCH 30 : WHEN THE EXPERTS REPORT ON THE BASIS OF DIFFERENT INFORMATION AND DOCUMENTS:  IT WAS APPARENT THAT SOMETHING HADE WRONG WITH THE PROCESS OF OBTAINING EXPERT OPINION EVIDENCE

EXPERT WATCH 30 : WHEN THE EXPERTS REPORT ON THE BASIS OF DIFFERENT INFORMATION AND DOCUMENTS: IT WAS APPARENT THAT SOMETHING HADE WRONG WITH THE PROCESS OF OBTAINING EXPERT OPINION EVIDENCE

January 6, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we have problems with the way in which handwriting experts were instructed.   The difficulty being that different experts were given different documents. This led to difficulties at trial. However, ultimately, it did not favour the defendants.  The judge was…

EXPERT WATCH 29: THE JUDGE IS WARY OF A CLINICAL EXPERT WHO IS "HEAVILY INVOLVED IN THE BUSINESS OF LITIGATION"

EXPERT WATCH 29: THE JUDGE IS WARY OF A CLINICAL EXPERT WHO IS “HEAVILY INVOLVED IN THE BUSINESS OF LITIGATION”

January 6, 2026 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

There have been a number of cases in recent years where judges have been wary (sometimes highly sceptical) of expert witnesses who make their living solely from being involved in litigation. We have another example here.  There is no indication…

PROVING THINGS 275: IF YOU CAN'T PROVE YOU SUFFERED A LOSS THEN YOU HAVE NO CLAIM: ACTION AGAINST SOLICITORS DISMISSED: THE PARABLE OF THE MOUNTAINEER'S KNEE

PROVING THINGS 275: IF YOU CAN’T PROVE YOU SUFFERED A LOSS THEN YOU HAVE NO CLAIM: ACTION AGAINST SOLICITORS DISMISSED: THE PARABLE OF THE MOUNTAINEER’S KNEE

January 6, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Damages, Members Content

Here we have an interesting case about the alleged professional negligence of solicitors.  The case did not get very far, being struck out at first instance and with that decision upheld by the Court of  Appeal. Put simply the claimants…

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Recent Posts

  • COURT REFUSES DEFENDANTS’ APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT “WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH” IS NOT A GOOD STARTING PLACE
  • ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLIST COUPLED WITH THE RELEVANT LINKS
  • PROFESSIONAL NEGLIGENCE NEWS 5 : WHY A SOLICITOR CAN BE NEGLIGENT, A CLAIMANT HONEST AND YET BE WHOLLY UNSUCCESSFUL IN A PROFESSIONAL NEGLIGENCE ACTION
  • WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS “HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS”: A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
  • SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST

Top Posts

COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"
THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)
BACK TO BASICS MONDAY: THE RIGHT TO REPLY: WHEN MUST YOU DO IT AND WHEN SHOULD YOU DO IT? THE CRITICAL IMPORTANCE OF A DEFENCE TO COUNTERCLAIM

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