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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

  • AN INSURER’S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED…
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING “MIXED” SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO…)
  • WHEN A CASE – WEEKS AWAY FROM TRIAL WAS “UNTENABLE”: HOW DID WE GET HERE?
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS “UNTENABLE”: LESSONS HERE FOR EVERYONE

Top Posts

  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)

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