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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » March » 06
AVOIDING THE PITFALLS WITH EXPERT EVIDENCE: WEBINAR 20th MARCH 2026: THE EXPERTS REPORT WAS "ALMOST WORSE THAN USELESS..."

AVOIDING THE PITFALLS WITH EXPERT EVIDENCE: WEBINAR 20th MARCH 2026: THE EXPERTS REPORT WAS “ALMOST WORSE THAN USELESS…”

March 6, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Webinar

We have seen some graphic examples in the past few weeks of a court robustly rejecting expert evidence adduced on behalf of a claimant. This webinar examines why expert evidence is not accepted, limited, or even wholly rejected at trial….

COSTS INFORMATION AND THE OMBUDSMAN 2: POOR COSTS INFORMATION: NOT INFORMING THE CLIENT ABOUT COSTS UNTIL TWO YEARS INTO THE RETAINER...

COSTS INFORMATION AND THE OMBUDSMAN 2: POOR COSTS INFORMATION: NOT INFORMING THE CLIENT ABOUT COSTS UNTIL TWO YEARS INTO THE RETAINER…

March 6, 2026 · by gexall · in Civil Procedure, Conduct, Costs, Members Content

We are taking a close look at several Legal Ombudsman decisions in relation to costs, more particularly information about costs in litigation.  Here the firm of solicitors did not provide any information about potential costs for a year after being…

COST BITES 361: THE STEPS A CLAIMANT SHOULD TAKE IF THEY WISH TO RECOVER PRE-ALLOCATION COSTS ON THE BASIS THAT THE CASE WOULD HAVE PROCEEDED IN THE FAST TRACK

COST BITES 361: THE STEPS A CLAIMANT SHOULD TAKE IF THEY WISH TO RECOVER PRE-ALLOCATION COSTS ON THE BASIS THAT THE CASE WOULD HAVE PROCEEDED IN THE FAST TRACK

March 6, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Case Management, Civil Procedure, Costs, Members Content

I am grateful to Andrew Hogan for sending me a copy of this decision which relates to pre-allocation costs in housing cases. It deals with the question of how the court should address pre-allocation costs where a housing disrepair claim…

THROWBACK FRIDAY: LITIGATION: WHAT IS AN APPROPRIATE CASE LOAD - AND IS IT IMPORTANT? (MARCH 2016)

THROWBACK FRIDAY: LITIGATION: WHAT IS AN APPROPRIATE CASE LOAD – AND IS IT IMPORTANT? (MARCH 2016)

March 6, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

Here is a post from a decade ago with an issue that remains just as relevant today.  What is an appropriate case load for litigators?  How do we find the balance between economic survival and overloading, stress and the major…

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Recent Posts

  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…
  • COST BITES 458: “PLEASE JUDGE WE’D LIKE MORE TIME TO PAY THE COSTS”: THE RULES AND CASES CONSIDERED

Top Posts

WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT
EXPERT WATCH 84: THE TRIAL JUDGE'S APPROACH TO THE EXPERT EVIDENCE WAS WRONG: THE APPROACH IN TUI HAD TO BE CONSIDERED: AN IMPORTANT DECISION FOR HOUSING LAWYERS...

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