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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 06
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 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

February 6, 2026 · by gexall · in Applications, Civil Procedure, Costs, Members Content

We have looked at pro bono costs orders several times.   This case has an unusual twist in that the case was an insolvency case. The judge considered the Insolvency Rules and found that the court had power to make an…

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...

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…

February 6, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Limitation, Members Content, Professional negligence,

This decision today emphasises the difficulties for a claimant who has waited until near the end of the limitation period, issued and then finds that they have not sued the correct defendant.  It is now less likely that a court…

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 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”

February 6, 2026 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

It is not often we get a chance to look at a budgeting decision.  These cases are interesting and important because they show some light on the process. They also show the factors the courts consider when undertaking the budgeting…

THROWBACK FRIDAY: MAKING SURE YOU ARE "LEGALLY STREETWISE": "CLIENT'S MAY SEEK TO TAKE ADVANTAGE OF YOU" (FEBRUARY 2016)

THROWBACK FRIDAY: MAKING SURE YOU ARE “LEGALLY STREETWISE”: “CLIENT’S MAY SEEK TO TAKE ADVANTAGE OF YOU” (FEBRUARY 2016)

February 6, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Well being

This post started in an unusual way.  It was originally an online post from a firm of solicitors (Darlingtons) and I obtained their permission to set out the key points. Unfortunately Darlingtons are no longer trading and the full post…

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Recent Posts

  • EXPERT WATCH 69: “THE APPROACH OF BOTH EXPERTS IS WRONG” : WHEN THERE IS A DIFFERENCE IN VALUATION OF $170 MILLION… THE JUDGE DOES NOT HAVE TO SIMPLY PICK A SIDE..
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  • INSURER’S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE…
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EXPERT WATCH 68: THE MISUSE OF AI: "CREATE ME AN EXCEPTIONAL EXPERT WITNESS REPORT": SHOW HOW MY CLIENT "IS 0% AT FAULT": THIS WITNESS HAD A FEW PROBLEMS...
THE DANGERS OF SUING A DISSOLVED COMPANY WHICH HAS BEEN RESTORED TO THE REGISTER: COURT REFUSES TO EXTEND TIME BEYOND THE PERIOD OF DISSOLUTION
COST BITES 441: NO ORDER FOR COSTS - EVEN THOUGH THE APPLICANT WAS SUCCESSFUL: THERE ARE MANY LESSONS TO LEARN HERE...
INSURER'S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE...
COST BITES 442: AN IMPORTANT POINT TO WATCH WHEN SEEKING TO RECOVER COSTS ON A COUNTERCLAIM

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