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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CAN YOU CONVERT PART 7 PROCEEDINGS TO PART 8 PROCEEDINGS: THIS REMAINS AN OPEN QUESTION

CAN YOU CONVERT PART 7 PROCEEDINGS TO PART 8 PROCEEDINGS: THIS REMAINS AN OPEN QUESTION

June 4, 2026 · by gexall · in Applications, Civil Procedure, Members Content

There is clear power in the rules to allow the court to transfer actions issued using Part 8 to Part 7.  However there is no express rule allowing transfer the other way.  The issue was considered in this case.  There…

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 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

June 4, 2026 · by gexall · in Applications, Civil Procedure, Conduct, Costs, Members Content

We have seen many cases in which the courts have considered whether indemnity costs should be ordered. Here we have a case where the judge was clear in her view that the claimant’s conduct of the litigation was such that…

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)

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)

June 4, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

This appeal has been much discussed in the specialist press. A solicitor’s client argued that the terms of a retainer rendered in a Contentious Business Agreement. This would have given her greater scope to dispute the bills.  The Court of…

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Recent Posts

  • 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)
  • A CLAIMANT’S SUCCESSFUL APPEAL IN A HOUSING DISREPAIR CLAIM: THE DISTRICT JUDGE WAS WRONG TO ALLOCATE THE MATTER TO THE SMALL CLAIMS TRACK…
  • THE TIMES (OR THE COURTS) THEY ARE A CHANGING: MODERNISING THE HIGH COURT THROUGH THE ESTABLISHMENT OF THE BUSINESS & PROPERTY DIVISION

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