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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...

A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE…

May 15, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct, Costs, Members Content

Here we are not looking at a judgment as such but the reasons for an order made yesterday in the High Court. The court struck out an action and ordered that the claimants’ solicitors pay £900,000 on account of costs. …

ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...

ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU “OWN” IT…

May 15, 2026 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

We are looking at another case where the judge has expressed major concerns about the use of Artificial Intelligence in the preparation of documents for the court.  The situation is now a (depressingly) familiar one where the use of AI…

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

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

May 15, 2026 · by gexall · in Applications, Civil Procedure, Committal proceedings, Conduct, Costs, Members Content

This case is another warning to those who are thinking about issuing committal proceedings on a “tactical” basis.  The judge decided that the claimant’s conduct in the bringing of committal proceedings in this matter should lead to their paying costs…

AVOIDING THE PITFALLS IN CLAIMS FOR LOSS OF EARNINGS: WEBINAR 19th MAY 2026: USEFUL QUESTIONNAIRES AND CHECKLISTS INCLUDED

AVOIDING THE PITFALLS IN CLAIMS FOR LOSS OF EARNINGS: WEBINAR 19th MAY 2026: USEFUL QUESTIONNAIRES AND CHECKLISTS INCLUDED

May 15, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Personal Injury, Webinar, Witness statements

Claims for loss of earnings are a critical component of many personal injury and civil litigation cases, yet they are also among the most vulnerable to failure. Poorly evidenced claims, misunderstanding of legal principles, or flawed calculations can lead not…

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

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

May 15, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

We are looking at an interesting decision in relation to the court being asked to determine preliminary issues in the provisional assessment process.  The judge held that the courts have jurisdiction to determine preliminary applications and issues however it should…

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)

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)

May 15, 2026 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

When looking at previous posts we are looking for issues that remain relevant today.  This case, about the conduct of experts and their interaction with lawyers, remains highly pertinent. The judge held that the breaches were so severe that the…

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Recent Posts

  • WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? (CLINICAL NEGLIGENCE): WEBINAR 10th JUNE 2026
  • COST BITES 397: THE PARTIES THAT SPENT £500,000 IN A DISPUTE THAT WAS WORTH £5,000: THE JUDGE FOUND GOOD REASON TO DEPART FROM THE DEFENDANT’S COSTS BUDGET (A CASE I WOULD ENCOURAGE EVERY LITIGATOR TO READ)
  • CAN YOU CONVERT PART 7 PROCEEDINGS TO PART 8 PROCEEDINGS: THIS REMAINS AN OPEN QUESTION
  • COST BITES 396 : THE CLAIMANT’S CONDUCT WAS SUCH IT WAS APPROPRIATE TO AWARD INDEMNITY COSTS IN THE NATIONAL LOTTERY CASE; IT WAS NOT APPROPRIATE TO REDUCE THE SUCCESSFUL DEFENDANTS’ COSTS
  • COST BITES 395: A RETAINER WAS NOT A CONTENTIOUS BUSINESS AGREEMENT BECAUSE THE TERMS IN RELATION TO HOURLY RATES RENDERED IT TOO UNCERTAIN (COURT OF APPEAL DECISION YESTERDAY)

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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