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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 19
COST BITES 333: REMEMBER THE GENERAL RULE IS THAT DETAILED ASSESSMENT TAKES PLACE AT THE END OF PROCEEDINGS, NOT AFTER THE TRIAL OF A PRELIMINARY ISSUE

COST BITES 333: REMEMBER THE GENERAL RULE IS THAT DETAILED ASSESSMENT TAKES PLACE AT THE END OF PROCEEDINGS, NOT AFTER THE TRIAL OF A PRELIMINARY ISSUE

January 19, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Interim Payments, Members Content

We are returning to a point that can easily be overlooked by a party that has been successful at a split trial or a trial of a preliminary issue. Although the court may make an order in that party’s favour,…

COST BITES 332 : COURT MAKES AN ORDER FOR  INTERIM PAYMENT OF COSTS OF £43 MILLION - AND THIS IS AFTER TAKING A "CAUTIOUS APPROACH" TO THE CLAIMANTS' EVIDENCE

COST BITES 332 : COURT MAKES AN ORDER FOR INTERIM PAYMENT OF COSTS OF £43 MILLION – AND THIS IS AFTER TAKING A “CAUTIOUS APPROACH” TO THE CLAIMANTS’ EVIDENCE

January 19, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Interim Payments, Members Content

This judgment given today contains a number of important points in relation to costs. The headline point is obviously an interim award of £43 million was made. This was actually less than 50% of the sum being sought.  One of…

COST BITES 331: SOLICITOR FAILS TO SHOW THEY WERE OWED £573,529 IN COSTS: NEITHER A LIEN OR THE LEGAL AID CHARGE NECESSARILY GIVES RISE TO A DEBT FROM THE CLIENT

COST BITES 331: SOLICITOR FAILS TO SHOW THEY WERE OWED £573,529 IN COSTS: NEITHER A LIEN OR THE LEGAL AID CHARGE NECESSARILY GIVES RISE TO A DEBT FROM THE CLIENT

January 19, 2026 · by gexall · in Applications, Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content

This is an unusual case where a third party challenged a solicitor’s right to be a creditor in an insolvency arrangement. The third party argued  that the sums claimed by the solicitors were not in fact recoverable from the respondent. …

COST BITES: 330 THE ABSENCE OF A COSTS SCHEDULE DOES NOT MEAN THAT A SUCCESSFUL RESPONDENT IS GOING TO BE DEPRIVED OF THEIR COSTS

COST BITES: 330 THE ABSENCE OF A COSTS SCHEDULE DOES NOT MEAN THAT A SUCCESSFUL RESPONDENT IS GOING TO BE DEPRIVED OF THEIR COSTS

January 19, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

Here we have an interesting issue about whether the successful respondent to an appeal should be deprived of their costs because a costs schedule had not been filed.  The appellant’s alternative argument was that the respondent should be ordered to…

BACK TO BASICS MONDAY: DO NOT MENTION A PART 36 OFFER TO THE TRIAL JUDGE BEFORE THE TRIAL(OR DURING IT FOR THAT MATTER...)

BACK TO BASICS MONDAY: DO NOT MENTION A PART 36 OFFER TO THE TRIAL JUDGE BEFORE THE TRIAL(OR DURING IT FOR THAT MATTER…)

January 19, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content

The first time I wrote on this topic many practitioners expressed surprise that I had written something so very “basic”.  Some readers were incredulous. However, as we see below, others shared their experiences.  This rule is not known, or not…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
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