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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

  • ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR…)
  • THE CURRENT IMPORTANCE OF PLEADINGS 83: THE CASE OF THE SOLICITOR’S LIEN: THE JUDGE SHOULD NOT HAVE DECIDED AN APPLICATION TO STRIKE OUT ON THE BASIS OF AN UNPLEADED CASE
  • THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)
  • AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED
  • AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF “PROMPTNESS” WHEN NOTHING HAPPENED FOR A YEAR…

Top Posts

NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES' COURT, THE LANDS CHAMBER (AND MANY OTHERS)
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"
THE COURT OF APPEAL OVERTURNS A JUDICIAL REVIEW DECISION IN FAVOUR OF A SOLICITOR: THE OMBUDSMAN GOT NOTHING WRONG (QUITE A LOT HERE ABOUT VULNERABLE CLIENTS AS WELL...)

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