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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » April » 13
THERE WAS NO AGREEMENT TO EXTEND TIME  FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

April 13, 2026 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Setting aside judgment, Witness statements

This is an interesting judgement on two levels. Firstly the judge did not accept the defendant’s contention that there had been an agreement to extend time for service of Points of Dispute to a bill of costs. Secondly, applying the…

MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN'T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS

MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN’T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS

April 13, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Fixed Costs, Members Content

One underlying irony about the Mazur debacle is that most of the problems arise because of a mistake as to costs.  The Circuit Judge ordered Ms. Mazur and Mr Stuart £10,653 when, in fact, the costs should only have  been £636.00. …

COST BITES 376: THE NEED TO KEEP THE CLIENT INFORMED OF COSTS BEING INCURRED: THE SOLICITOR SHOULD HAVE INFORMED THE CLIENT THAT COSTS OF US $35,343,213.96 WERE BEING INCURRED

COST BITES 376: THE NEED TO KEEP THE CLIENT INFORMED OF COSTS BEING INCURRED: THE SOLICITOR SHOULD HAVE INFORMED THE CLIENT THAT COSTS OF US $35,343,213.96 WERE BEING INCURRED

April 13, 2026 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

This judgment highlights the need for a solicitor to keep the client fully informed of the costs incurred. The judge observed that the SRA Code of Conduct imposed a positive duty on a solicitor to give the client the best…

BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS' BILLS

BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS’ BILLS

April 13, 2026 · by gexall · in Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Members Content

There have been a large number of posts recently relating to solicitor and own costs assessments.  Many of these cases have related to the issue of whether bills delivered were “statute” bills “interim statute bills” or   simply interim bills. The…

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Recent Posts

  • PROVING THINGS 292: CLAIMANT ORDERED TO PROVIDE SECURITY FOR COSTS: NO “HUMAN SOURCE” FOR THE MATERIAL PROVIDED: THE IMPORTANCE OF GIVING THE SOURCE OF INFORMATION AND BELIEF
  • THE KEY CASES IN FATAL ACCIDENT DAMAGES 2026: WEBINAR ON THE 24th JUNE 2026
  • GETTING TO GRIPS WITH TIME ESTIMATES: THE KEY POINTS AND SOME USEFUL POINTERS AND CHECKLISTS: AVOIDING YOUR ESTIMATE BEING CALLED “ABSURD”
  • COST BITES 403: JUDGMENT TODAY: SUCCESS FEE AND ATE PREMIUM NOT PAYABLE BY CLIENT WHEN THE SOLICITOR FAILED TO MAKE REASONABLE ENQUIRIES ABOUT BTE INSURANCE
  • THE VEXED ISSUE OF TIME ESTIMATES (AND VOLUMINOUS BUNDLES) AGAIN: IF YOU ARE GOING TO “JUMP THE QUEUE” THEN THERE IS A DUTY ON BOTH PARTIES TO PRESENT A CASE THAT CAN BE HEARD IN THE TIME GIVEN

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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