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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 10
AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..

AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..

April 10, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Schedules, Webinar

Drafting a Schedule of Damages is not simply a mathematical calculation. It requires legal knowledge, careful analysis, attention to evidence, and practical judgement. Courts frequently criticise poorly prepared schedules, particularly where figures are unsupported, exaggerated, or inconsistent with the evidence….

WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION

WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION

April 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Costs, Members Content, Wasted Costs

In this case a wasted costs order was made against a firm of solicitors for breach of warranty of authority. The stated to the defendant and the court, and believed, that they were instructed by the claimant’s insurers when, in…

COST BITES  375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: "VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL"

COST BITES 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: “VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL”

April 10, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content

Last month we looked at a case where a series of interim bills were found to be statutory bills.  Today we look at a case where the court came to the opposite conclusion.  This has important practical consequences in that…

MAZUR IN THE COURT OF APPEAL: WEBINAR WITH CHECKLISTS:  NOW AVAILABLE "ON DEMAND"

MAZUR IN THE COURT OF APPEAL: WEBINAR WITH CHECKLISTS: NOW AVAILABLE “ON DEMAND”

April 10, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Webinar

If you could not attend the webinar on the practical implications of  the Court of Appeal decision in Mazur yesterday it is now available “on demand”.  The Mazur decision confirms that authorised individuals may delegate tasks within the conduct of…

THROWBACK FRIDAY (1): ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION (APRIL 2015)

THROWBACK FRIDAY (1): ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION (APRIL 2015)

April 10, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

The issue of adjournments being sought because of the ill-health of a party or witness (and in one case Leading Counsel) is always a concern.  Sometimes these applications are made late, on the morning of the trial itself, and the…

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Recent Posts

  • MAZUR MATTERS 64: THE COURT REJECTS WOULD BE APPELLANT’S ARGUMENT THAT A CLAIMANT’S REPRESENTATIVE HAD NO RIGHT OF AUDIENCE
  • THE CURRENT IMPORTANCE OF PLEADINGS 86: DEFENDANT REFUSED PERMISSION TO AMEND DEFENCE ON THE MORNING OF TRIAL
  • THROWBACK FRIDAY: THE DEFENDANT IS NOT THE CLAIMANT’S KEEPER: ANOTHER CASE WHERE (MIS) SERVICE OF THE CLAIM FORM LED TO GRIEF
  • CALCULATORS FOR LAWYERS: A CALCULATOR “SUITE” BUILT BY A WORKING BARRISTER: 14 DAYS FREE TRIAL
  • COST BITES 411: NON-PARTY COSTS ORDER MADE AGAINST CLAIMANT’S DIRECTOR : HE WHO EXPECTS TO BENEFIT RUNS A RISK OF PAYING THE COSTS…

Top Posts

RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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