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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 13
COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY

COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY

May 13, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

Here we have an unusual case where, on appeal, a costs decision  in favour of a defendant was overturned on the basis that that there was no good reason not to apply the normal principle that “the loser pays”. “There…

WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS

WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS

May 13, 2026 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

This judgment contains a neat summary of the approach that the court takes when it is faced with a case that rests primarily on witness evidence. The judge reviewed the case law and it was very relevant to the task…

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Recent Posts

  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
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  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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