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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » February » 24
COST BITES 359: FAILING TO SIGN CONSENT ORDER LEADS TO £44,000 IN COSTS: "GOING SILENT" IS NOT A CHEAP OPTION...

COST BITES 359: FAILING TO SIGN CONSENT ORDER LEADS TO £44,000 IN COSTS: “GOING SILENT” IS NOT A CHEAP OPTION…

February 24, 2026 · by gexall · in Civil evidence, Civil Procedure, Conduct, Costs, Members Content

Just a quick warning  here about the costs of not signing a consent order having agreed to so something.  It can be expensive. We have a case here where it cost £44,000 when the claimant made an application because the…

COST BITES 358: JUDGE DOES NOT  AWARD COSTS ON AN APPLICATION FOR PERMISSION TO APPEAL BECAUSE THE RESPONDENT (INITIALLY) ASKED FOR TOO MUCH

COST BITES 358: JUDGE DOES NOT AWARD COSTS ON AN APPLICATION FOR PERMISSION TO APPEAL BECAUSE THE RESPONDENT (INITIALLY) ASKED FOR TOO MUCH

February 24, 2026 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Members Content

It is not unusual for a party, on an interlocutory application, to put in a schedule of costs that covers the entire action. Sometimes this is justified, often it is not.  Here we have a case where this backfired.  The initial…

THE CURRENT IMPORTANCE OF PLEADINGS 57: A CASE ALLEGING PROFESSIONAL NEGLIGENCE AGAINST A SOLICITOR WAS NOT ADEQUATELY PLEADED

THE CURRENT IMPORTANCE OF PLEADINGS 57: A CASE ALLEGING PROFESSIONAL NEGLIGENCE AGAINST A SOLICITOR WAS NOT ADEQUATELY PLEADED

February 24, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

We are looking at the same case as in the earlier post, but from a different angle.  The case has some particular pleading points. The claimant pleaded that the solicitor was negligent in not instructing counsel, but did not plead that…

PROFESSIONAL NEGLIGENCE NEWS: A SOLICITOR WAS NOT NEGLIGENT IN ADVISING THE CLAIMANT TO SETTLE: NEITHER COUNSEL'S ADVICE NOR AN EXPERT REPORT WERE NECESSARY

PROFESSIONAL NEGLIGENCE NEWS: A SOLICITOR WAS NOT NEGLIGENT IN ADVISING THE CLAIMANT TO SETTLE: NEITHER COUNSEL’S ADVICE NOR AN EXPERT REPORT WERE NECESSARY

February 24, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content, Personal Injury, Professional negligence,

Fortunately for the courts and legal system most civil cases settle.  Advising on settlement terms carries some risks, and requires a high level of judgment.   Some clients will be dissatisfied with the settlement reached and blame the lawyers involved for…

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