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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » March » 12
COST BITES 362: WHETHER A BREAKDOWN SHOULD BE PROVIDED ON A DISBURSEMENT: READ THE JUDGMENT

COST BITES 362: WHETHER A BREAKDOWN SHOULD BE PROVIDED ON A DISBURSEMENT: READ THE JUDGMENT

March 12, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

An earlier post related to this case which deals with the question of whether a party should provide a breakdown of an invoice from a translator. Ben Williams KC has kindly provided me with a copy of the judgment. “In my judgment,…

APPLICATION TO ADDUCE NEW WITNESS STATEMENT ON THE FIRST DAY OF THE TRIAL: DENTON PRINCIPLES APPLIED

APPLICATION TO ADDUCE NEW WITNESS STATEMENT ON THE FIRST DAY OF THE TRIAL: DENTON PRINCIPLES APPLIED

March 12, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Witness statements

A party who serves a witness statement late always has problems.  A litigant who tries to introduce a new witness on the morning of the trial has major problems. We have such an application here.  Unsurprisingly it did not fare…

COSTS INFORMATION AND THE OMBUDSMAN 5: DISCOURAGING THE USE OF A BTE POLICY (THIS IS NOT GOOD NEWS FOR THE SOLICITOR...)

COSTS INFORMATION AND THE OMBUDSMAN 5: DISCOURAGING THE USE OF A BTE POLICY (THIS IS NOT GOOD NEWS FOR THE SOLICITOR…)

March 12, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Costs, Members Content

We continue with our examination of the Legal Ombudsman’s decisions about costs.  The issue here was whether the solicitors were correct to discourage the use of an BTE policy and act privately taking out ATE insurance. “It is expected by…

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