Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » May » 22
COST BITES 390: THE COURT OF APPEAL,  "LATE" WITNESS STATEMENTS, THE COPPERS AND THE COSTS

COST BITES 390: THE COURT OF APPEAL, “LATE” WITNESS STATEMENTS, THE COPPERS AND THE COSTS

May 22, 2026 · by gexall · in Appeals, Civil Procedure, Costs, Members Content, Relief from sanctions

We looked earlier at the Court of Appeal decision yesterday in relation to relief from sanctions.  Here we look at the judgment in relation to the costs of the hearing below and of the appeal itself.  As we shall see…

AVOIDING UNDERSETTLEMENT: WEBINAR 26th MAY 2026: NOW WITH ADDED CHECKLISTS

AVOIDING UNDERSETTLEMENT: WEBINAR 26th MAY 2026: NOW WITH ADDED CHECKLISTS

May 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Clinical Negligence, Costs, Damages, Members Content, Personal Injury, Webinar, Witness statements

Allegations of undersettlement of personal injury actions are not uncommon. There is an entire industry specialising in looking at solicitor’s files. This webinar aims to help practitioners avoid such assertions and be able to provide clear and robust replies if…

THE COURT OF APPEAL ALLOWED DEFENDANT TO RELY ON WITNESS STATEMENTS SERVED "LATE": THE CRUCIAL DISTINCTION BETWEEN "IN TIME" AND "OUT OF TIME" APPLICATIONS TO EXTEND TIME

THE COURT OF APPEAL ALLOWED DEFENDANT TO RELY ON WITNESS STATEMENTS SERVED “LATE”: THE CRUCIAL DISTINCTION BETWEEN “IN TIME” AND “OUT OF TIME” APPLICATIONS TO EXTEND TIME

May 22, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Witness statements

I am grateful to Barrister Simon Brindle for sending me a copy of the judgment of this Court of Appeal judgment given yesterday.  It relates primarily to the major distinction between an application made “ahead” of time and one made…

YOU CAN'T DELIBERATELY DECIDE TO IGNORE COURT (OR TRIBUNAL) DIRECTIONS: HMRC INVOLVED IN "CONTUMELIOUS" CONDUCT, ITS (LATE) APOLOGY GIVEN LITTLE WEIGHT

YOU CAN’T DELIBERATELY DECIDE TO IGNORE COURT (OR TRIBUNAL) DIRECTIONS: HMRC INVOLVED IN “CONTUMELIOUS” CONDUCT, ITS (LATE) APOLOGY GIVEN LITTLE WEIGHT

May 22, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Conduct, Members Content, Relief from sanctions

Here we have a case of a litigant (the HMRC no less) making a deliberate decision to ignore Tribunal directions.  It then attempted to justify that decision by stating  “That was a deliberate and proportionate case management decision, taken in…

COST BITES 389: THE SRA IS LIABLE TO PAY THE COSTS OF AN APPEAL WHERE IT WAS THE ORIGINAL APPELLANT ITS POSITION IS "MORE AKIN TO THAT OF A NORMAL LITIGANT"

COST BITES 389: THE SRA IS LIABLE TO PAY THE COSTS OF AN APPEAL WHERE IT WAS THE ORIGINAL APPELLANT ITS POSITION IS “MORE AKIN TO THAT OF A NORMAL LITIGANT”

May 22, 2026 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

Here we consider an issue that has some relevance to the profession as a whole.  Should the SRA be liable to pay the costs of an appeal from the SDT?  In this case the SRA was the instigator of the…

THROWBACK FRIDAY: "WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT?" (MAY 2017)

THROWBACK FRIDAY: “WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT?” (MAY 2017)

May 22, 2026 · by gexall · in Applications, Civil Procedure, Damages, Default judgment,, Members Content, Striking out

Recent cases have considered the question of what a defendant can argue as to damages when a claimant has obtained summary judgment. Here we look at a case that considers the position when the defendant’s defence has been struck out. …

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • A PRACTICAL AI PRIMER FOR LAWYERS: THE SECOND EDITION OF “ANDREW AND THE MARVELLOUS ANALYTICAL ENGINE”: MAJOR ADDITIONS TO A FAST MOVING AND IMPORTANT AREA
  • ENFORCEMENT BULLETIN 7: SECOND ATTEMPT TO ENFORCE A FOREIGN JUDGMENT WAS (AMONG OTHER THINGS) AN ABUSE OF PROCESS
  • LITIGATOR’S LIFELINES 3: WHAT IF YOU HAVE SERVED A SCHEDULE OF COSTS LATE?
  • THROWBACK FRIDAY: “SKELETON ARGUMENTS – DO THEM PROPERLY OR YOU WON’T GET PAID” (NOVEMBER 2014)
  • COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE

Top Posts

FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.