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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…

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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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