Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » January » 26
COST BITES 336: MOST OF THESE THINGS ARE NOT "SIGNIFICANT DEVELOPMENTS" AND DO NOT JUSTIFY A VARIATION IN THE BUDGET: THE JUDGE NOT PERSUADED ON THE USE OF LEADING COUNSEL, NEW SOLICITORS WITH HIGHER HOURLY RATES AND THINGS MISSED FROM THE FIRST BUDGET

COST BITES 336: MOST OF THESE THINGS ARE NOT “SIGNIFICANT DEVELOPMENTS” AND DO NOT JUSTIFY A VARIATION IN THE BUDGET: THE JUDGE NOT PERSUADED ON THE USE OF LEADING COUNSEL, NEW SOLICITORS WITH HIGHER HOURLY RATES AND THINGS MISSED FROM THE FIRST BUDGET

January 26, 2026 · by gexall · in Applications, Case Management, Civil Procedure, Costs, Costs budgeting, Members Content

Here we have a detailed analysis of a defendant’s application to vary (that is more than double) its original costs budget.  At the PTR stage the defendant applied to double its costs budget, some of this was allowed, most was…

ONE OF THE PERILS OF OBTAINING AN INJUNCTION: AN INTERVENER GIVEN LIBERTY TO APPLY TO BRING A POTENTIAL CLAIM FOR DAMAGES CAUSED BY AN INJUNCTION: LITIGATORS MUST GIVE CAREFUL ADVICE...

ONE OF THE PERILS OF OBTAINING AN INJUNCTION: AN INTERVENER GIVEN LIBERTY TO APPLY TO BRING A POTENTIAL CLAIM FOR DAMAGES CAUSED BY AN INJUNCTION: LITIGATORS MUST GIVE CAREFUL ADVICE…

January 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Injunctions, Members Content

A party seeking an injunction is usually required to give an undertaking as to damages. That undertaking normally extends to the defendants/respondents to the injunction. However the terms of the injunction often give third parties affected by the injunction a…

SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A "FORMIDABLE BURDEN"

SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A “FORMIDABLE BURDEN”

January 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content, Part 36, Witness statements

A litigant who fails to beat a Part 36 offer can normally expect to face the consequences set out in the rules.  There is an exception if that litigant can satisfy the court that it is “unjust” for those consequences…

BACK TO BASICS MONDAY: THE IMPORTANT DIFFERENCE BETWEEN A "NON-ADMISSION" AND A DENIAL: IF YOU DENY - YOU HAVE TO SAY WHY...

BACK TO BASICS MONDAY: THE IMPORTANT DIFFERENCE BETWEEN A “NON-ADMISSION” AND A DENIAL: IF YOU DENY – YOU HAVE TO SAY WHY…

January 26, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

Some defences adopt a scattergun approach of “denying” everything.  Some are more selective – they “put the Claimant to strict proof”.  Many defences ignore the important distinction between a non-admission and a denial.   It is important that practitioners know the…

PART 36: DOES A JUDICIAL READING DAY COUNT IN THE CALCULATION OF "21 DAYS" ? WHAT A DIFFERENCE A (READING) DAY MAKES...

PART 36: DOES A JUDICIAL READING DAY COUNT IN THE CALCULATION OF “21 DAYS” ? WHAT A DIFFERENCE A (READING) DAY MAKES…

January 26, 2026 · by gexall · in Applications, Civil Procedure, Costs, Members Content, Part 36

We have seen numerous cases on this blog where matters have been left the “last minute” and the rules as to the calculation of time become important.  Here we have an interesting example in relation to Part 36.  An offer…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…
  • COST BITES 458: “PLEASE JUDGE WE’D LIKE MORE TIME TO PAY THE COSTS”: THE RULES AND CASES CONSIDERED
  • COSTS BITES 457 — A FAILED FRAUD CLAIM, INDEMNITY COSTS AND 14 DAYS TO PAY: “I CONSIDER THAT THIS WAS COMMERCIAL CONDUCT OUT OF THE NORM” (OH, AND YOU DON’T GET MORE TIME TO PAY JUST BECAUSE YOU’RE A LARGE ORGANISATION)
  • COST BITES 456: THE CLAIMANT HAD SUCCEEDED ON ALL FOUGHT POINTS: THERE WOULD BE NO REDUCTION OF ITS COSTS: INDEMNITY COSTS IN A LANDLORD AND TENANT DISPUTE
  • WITNESS EVIDENCE WEDNESDAY: WHY A SOLICITOR TAKES TO TAKE GREAT WHEN MAKING STATEMENTS: “AN UNIMPRESSIVE WITNESS ON WHOSE EVIDENCE I CAN PLACE LITTLE RELIANCE” (IS WHAT WE DON’T WANT TO SEE…)

Top Posts

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"
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...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT
EXPERT WATCH 84: THE TRIAL JUDGE'S APPROACH TO THE EXPERT EVIDENCE WAS WRONG: THE APPROACH IN TUI HAD TO BE CONSIDERED: AN IMPORTANT DECISION FOR HOUSING LAWYERS...

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.