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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » March » 05
COSTS INFORMATION AND THE OMBUDSMAN 1 : WHILST COSTS CAN BE DIFFICULT TO PREDICT THE FIRM SHOULD HAVE PROVIDED AN ESTIMATE BASED ON THEIR PROFESSIONAL KNOWLEDGE AND EXPERIENCE...

COSTS INFORMATION AND THE OMBUDSMAN 1 : WHILST COSTS CAN BE DIFFICULT TO PREDICT THE FIRM SHOULD HAVE PROVIDED AN ESTIMATE BASED ON THEIR PROFESSIONAL KNOWLEDGE AND EXPERIENCE…

March 5, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Costs, Members Content

We continue with our examination of recent Legal Ombudsman decisions in relation to providing estimates of costs in particular.  Here we have a finding that the information given as to the costs of litigation was inadequate.   “Whilst I appreciate…

THE DEFENDANTS' APPLICATION WAS AN ABUSE OF PROCESS: THE DANGERS OF TRYING SIMILAR THINGS A SECOND TIME AROUND: "THE HENDERSON AND HUNTER PRINCIPLES APPLY TO INTERLOCUTORY HEARINGS AS MUCH AS TO FINAL HEARINGS"

THE DEFENDANTS’ APPLICATION WAS AN ABUSE OF PROCESS: THE DANGERS OF TRYING SIMILAR THINGS A SECOND TIME AROUND: “THE HENDERSON AND HUNTER PRINCIPLES APPLY TO INTERLOCUTORY HEARINGS AS MUCH AS TO FINAL HEARINGS”

March 5, 2026 · by gexall · in Abuse of Process, Applications, Avoiding negligence claims, Civil Procedure, Members Content

This is an interesting case on the relevance of the “Henderson” principles to applications, in this case for reverse summary judgment/to strike out the claim.  A similar application had been made much earlier in the litigation.  The judge found for…

EXPERT WATCH 39: WHEN THE HOME SECRETARY DID NOT CHALLENGE EXPERT EVIDENCE SHE CANNOT BE THAT SURPRISED WHEN THE COURT ACCEPTS IT

EXPERT WATCH 39: WHEN THE HOME SECRETARY DID NOT CHALLENGE EXPERT EVIDENCE SHE CANNOT BE THAT SURPRISED WHEN THE COURT ACCEPTS IT

March 5, 2026 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

We are looking at another case where a party failed to challenge expert evidence. The Court of Appeal was clear in its view that if fault lay anywhere it was with the appellant’s failure to challenge the expert evidence that…

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