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 » 27
COST BITES 337: CLAIMANT FAILS IN ATTEMPTS TO ARGUE "SPECIAL CIRCUMSTANCES" UNDER THE SOLICITORS ACT

COST BITES 337: CLAIMANT FAILS IN ATTEMPTS TO ARGUE “SPECIAL CIRCUMSTANCES” UNDER THE SOLICITORS ACT

January 27, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

A client has a limited amount of time to challenge a solicitor’s bill.   If the bill is challenged 12 months after delivery or payment then the power to order assessment can only be exercised if the court accepts that there…

PROVING THINGS 276: APPEAL JUDGE OVERTURNS TRIAL JUDGE'S "INFERENCES" OF LOSS: DAMAGES AWARD OF £347,285 REPLACED WITH £NIL

PROVING THINGS 276: APPEAL JUDGE OVERTURNS TRIAL JUDGE’S “INFERENCES” OF LOSS: DAMAGES AWARD OF £347,285 REPLACED WITH £NIL

January 27, 2026 · by gexall · in Appeals, Civil evidence, Civil Procedure, Damages, Members Content, Witness statements

This is a classic “Proving Things” case, the only surprise being that it reached the appeal stage.   On appeal the the judge overturned the trial judge’s findings in favour of the defendant’s counterclaim and reduced a damages award of £347,285…

AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026: REMEMBER WE LOOK AT THESE PROBLEMS TO TRY TO MAKE SURE YOU DON'T HAVE THEM

AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026: REMEMBER WE LOOK AT THESE PROBLEMS TO TRY TO MAKE SURE YOU DON’T HAVE THEM

January 27, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content, Relief from sanctions, Witness statements

The next webinar in the “Avoiding the Pitfalls” series is a 90 minute long webinar on the 6th February 2026.  The webinar examines the most common procedural problems and practical difficulties that arise in civil litigation.  It explores where and…

MAZUR MATTERS 47: MAZUR CITED IN SUBMISSIONS FOR APPLICATION TO ADJOURN: "THIS IS NOT RELEVANT"

MAZUR MATTERS 47: MAZUR CITED IN SUBMISSIONS FOR APPLICATION TO ADJOURN: “THIS IS NOT RELEVANT”

January 27, 2026 · by gexall · in Adjournments, Applications, Civil Procedure, Members Content

Mazur has not featured in many reported cases.  However it is mentioned in passing here. For the sake of completeness of the series I have included it.  It is (I suspect not the first) where it appears to have been…

BEWARE OF FALSE (OR AT LEAST MISLEADING) DOCUMENTS WITH "COURT SEALS": "CLUMSY ATTEMPTS WHICH COULD MISLEAD MEMBERS OF THE PUBLIC..."

BEWARE OF FALSE (OR AT LEAST MISLEADING) DOCUMENTS WITH “COURT SEALS”: “CLUMSY ATTEMPTS WHICH COULD MISLEAD MEMBERS OF THE PUBLIC…”

January 27, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

We have seen a few occasions where someone has produced an “official” court document which turned out to be no such thing.  We see another example here, a “warrant” that, on the face of  it had a red circular seal…

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 12.3K other subscribers

Recent Posts

  • WILL AN INSURER PAY FOR THIS? A CRUCIAL QUESTION FOR MOST PERSONAL INJURY AND CLINICAL NEGLIGENCE CLAIMANTS: WEBINAR 30th OCTOBER 2026
  • “LITIGATION SHOULD BE CONDUCTED BY APPLICATIONS AND ORDERS”: “THESE EPISTOLARY COMMUNICATIONS WERE LESS THAN SATISFACTORY…”
  • ENFORCEMENT BULLETIN 6: BEING SIGNED OFF WORK DOES NOT MEAN UNABLE TO ATTEND COURT: SUSPENDED COMMITTAL ORDER MADE AGAINST JUDGMENT DEBTOR (CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATORS YOU MAY WANT TO READ THIS AS WELL…)
  • PROVING THINGS 301 : CAN AN APPLICANT IN COMMITTAL PROCEEDINGS RELY UPON A JUDGMENT GIVEN AT TRIAL? WHAT WEIGHT SHOULD BE GIVEN TO IT?
  • EXPERT WATCH 79: WHEN A LITIGANT INSTRUCTS AN EXPERT AND THEN SEEKS PERMISSION TO RELY ON THEM: MIXED RESULTS

Top Posts

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...)
A SUCCESSFUL JUDICIAL REVIEW OF A DECISION TO REFUSE PERMISSION TO APPEAL: GRANTING JUDGMENT AFTER AN EARLY NEUTRAL EVALUATION: A "WHOLLY EXCEPTIONAL COLLAPSE OF FAIR PROCEDURE"
COST BITES 465 : WITHOUT PREJUDICE COSTS BREAKDOWNS REMAINED PRIVILEGED: A LOWER BILL DID NOT ESTABLISH “UNAMBIGUOUS IMPROPRIETY”
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...

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.