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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 03
RELIEF FROM SANCTIONS REFUSED : WHEN NON-COMPLIANCE ALMOST APPEARS TO BE A LITIGATION STRATEGY: HAVING A BONA FIDE CLAIM DOES NOT GIVE YOU A FREE PASS

RELIEF FROM SANCTIONS REFUSED : WHEN NON-COMPLIANCE ALMOST APPEARS TO BE A LITIGATION STRATEGY: HAVING A BONA FIDE CLAIM DOES NOT GIVE YOU A FREE PASS

February 3, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

Here we have a case where the Court of Appeal considered the Denton principles in some detail.  The judgment provides a useful reminder of some basic principles. Firstly that a litigant seeking relief from sanctions cannot complain about the original…

HIGH COURT TACKLES SOME DIFFICULT PROCEDURAL ISSUES (1): IS A PREVIOUS BREACH NECESSARY FOR A PEREMPTORY ORDER TO BE MADE

HIGH COURT TACKLES SOME DIFFICULT PROCEDURAL ISSUES (1): IS A PREVIOUS BREACH NECESSARY FOR A PEREMPTORY ORDER TO BE MADE

February 3, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Case Management, Civil Procedure, Members Content, Peremptory orders

We are looking at judgment that is, essentially, all about procedural compliance and the court’s approach to making “unless orders”.  The approach of the appellate court to case management decisions could be added to that list.  It is a detailed…

PART 36: RECENT DEVELOPMENTS AND PRACTICAL CONSEQUENCES:  DETAILS OF THE WEBINAR ON THE 26th FEBRUARY 2025

PART 36: RECENT DEVELOPMENTS AND PRACTICAL CONSEQUENCES: DETAILS OF THE WEBINAR ON THE 26th FEBRUARY 2025

February 3, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Part 36, Webinar

A working — indeed, a detailed — knowledge of how Part 36 operates in practice is essential for all litigators. Although it is famously described as a “self-contained code”, it is a code whose application continues to develop, often in…

HIGH COURT SETS ASIDE AN ORDER MADE FOLLOWING AN APPLICATION WITHOUT NOTICE : THIS IS A REHEARING IN FULL - THE APPLICANT DOES NOT HAVE TO SHOW AN ERROR SUCH AS TO WARRANT SETTING ASIDE THE ORIGINAL ORDER

HIGH COURT SETS ASIDE AN ORDER MADE FOLLOWING AN APPLICATION WITHOUT NOTICE : THIS IS A REHEARING IN FULL – THE APPLICANT DOES NOT HAVE TO SHOW AN ERROR SUCH AS TO WARRANT SETTING ASIDE THE ORIGINAL ORDER

February 3, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

Here we look at a case where the court set aside an order made without notice. The Master found that the evidence presented to him at the initial hearing was “neither full nor frank”.  It is a reminder of the…

COST BITES 341: THIS ASSESSMENT SHOULD NOT LAST 50 DAYS: COURT OF APPEAL ADVOCATES "SAMPLING" APPROACH TO ASSESSMENT OF £44 MILLION  BILL OF COSTS

COST BITES 341: THIS ASSESSMENT SHOULD NOT LAST 50 DAYS: COURT OF APPEAL ADVOCATES “SAMPLING” APPROACH TO ASSESSMENT OF £44 MILLION BILL OF COSTS

February 3, 2026 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Costs, Members Content

It is rare for a court, particularly the Court of Appeal, to take one step aside from the issue being determined and make some general observations on the process of the assessment of costs.  This is one of those rare…

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  • COST BITES 344: INSOLVENCY COURT HAS POWER TO MAKE A PRO BONO COSTS ORDER FOR THE COSTS OF COUNSEL: POINTS TO WARN ABOUT IF YOUR OPPONENTS ARE ACTING ON A PRO BONO BASIS
  • THE PROFOUND DIFFICULTIES IN AMENDING PROCEEDINGS TO SUBSTITUTE A PARTY AFTER THE LIMITATION PERIOD HAS EXPIRED: COURT OF APPEAL DECISION TODAY: WHY CLAIMANTS HAVE TO BE CERTAIN OF WHO THEY ARE SUING…
  • COST BITES 343: AN OPPORTUNITY HAVE A CLOSE LOOK AT A CASE BEING BUDGETED: “I HAVE NO DOUBT THAT THE OVERALL FIGURE PUT FORWARD IS PRIMA FACIE DISPROPORTIONATE”
  • THROWBACK FRIDAY: MAKING SURE YOU ARE “LEGALLY STREETWISE”: “CLIENT’S MAY SEEK TO TAKE ADVANTAGE OF YOU” (FEBRUARY 2016)
  • COST BITES 342: THE CLAIMANTS’ HYPERBOLIC APPROACH TO ASSESSMENT COST THEM DEARLY: PERSONAL LIABILITY FOR £132,400 FOLLOWING THEIR CHALLENGE OF A BILL OF £147,436.33

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  • THROWBACK FRIDAY: MAKING SURE YOU ARE "LEGALLY STREETWISE": "CLIENT'S MAY SEEK TO TAKE ADVANTAGE OF YOU" (FEBRUARY 2016)
  • THE PROFOUND DIFFICULTIES IN AMENDING PROCEEDINGS TO SUBSTITUTE A PARTY AFTER THE LIMITATION PERIOD HAS EXPIRED: COURT OF APPEAL DECISION TODAY: WHY CLAIMANTS HAVE TO BE CERTAIN OF WHO THEY ARE SUING...
  • COST BITES 343: AN OPPORTUNITY HAVE A CLOSE LOOK AT A CASE BEING BUDGETED: "I HAVE NO DOUBT THAT THE OVERALL FIGURE PUT FORWARD IS PRIMA FACIE DISPROPORTIONATE"
  • COST BITES 344: INSOLVENCY COURT HAS POWER TO MAKE A PRO BONO COSTS ORDER FOR THE COSTS OF COUNSEL: POINTS TO WARN ABOUT IF YOUR OPPONENTS ARE ACTING ON A PRO BONO BASIS
  • COST BITES 342: THE CLAIMANTS' HYPERBOLIC APPROACH TO ASSESSMENT COST THEM DEARLY: PERSONAL LIABILITY FOR £132,400 FOLLOWING THEIR CHALLENGE OF A BILL OF £147,436.33

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