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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 04
WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? (CLINICAL NEGLIGENCE): WEBINAR 10th JUNE 2026

WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? (CLINICAL NEGLIGENCE): WEBINAR 10th JUNE 2026

June 4, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Webinar

Expert evidence plays a critical and often decisive role in clinical negligence litigation, and the ability to assess such evidence is a core skill for litigators. This webinar examines the legal framework and case law governing the credibility and admissibility…

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)

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)

June 4, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Summary assessment,

Occasionally there is a case that sends out clear lessons to litigator and litigants alike. We have such a case here. I would recommend it for universal reading.  The judge observed that the parties had managed to spend over half…

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

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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