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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 01
COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS - JUDGMENT THIS AFTERNOON

COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON

June 1, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conditional Fee Agreements, Costs, Members Content

I am grateful to Jamie Carpenter KC for drawing my attention to this judgment given this afternoon. It relates to an interesting dispute between law firms. The claimant had entered into a CFA with the defendant. The defendant argued that…

AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A "MINOR ERROR..."

AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”

June 1, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

Here we look at how a simple mistake in the naming of a file led to a potentially disastrous problem when it led to an appeal being out of time. The wrong documents were sent to the court when an…

AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5:  EIGHT DAYS REMAINS THE CORRECT CONCLUSION

AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION

June 1, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

This blog has covered issues relating to time estimates many times. I cannot recall, however, a case where there has been an appeal over a judicial determination of a time estimate for a trial. We have such a case here. …

EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE - BUT THE PRINCIPLES ARE UNIVERSAL...)

EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE – BUT THE PRINCIPLES ARE UNIVERSAL…)

June 1, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

Some areas of litigation rely heavily on expert evidence. Clinical negligence is often one of those areas. It is always interesting to read judicial views when a matter reaches trial.  Here was have a judgment where the judge considered aspects…

BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS

BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS

June 1, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content

Here we look at a recent decision that has major practical implications for  anyone making an application, or anyone disgruntled with a court decision.  The applicant asked, specifically, for an application to be considered on paper.  The matter was considered…

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Recent Posts

  • COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)
  • THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
  • EXPERT WATCH 71: “I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE”: THE EXPERT WAS “ADVOCATING” AND “HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL”
  • THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)
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