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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » June » 05
AN OFFER TO SETTLE THAT DOES NOT INCLUDE PROVISION FOR COSTS MAY WELL BE INEFFECTIVE: IT CERTAINLY WILL NOT LEAD TO A PETITION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY

AN OFFER TO SETTLE THAT DOES NOT INCLUDE PROVISION FOR COSTS MAY WELL BE INEFFECTIVE: IT CERTAINLY WILL NOT LEAD TO A PETITION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY

June 5, 2026 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

Here we look at an argument that a petition should be struck out because the respondents had made a reasonable offer to resolve the issues between the parties.  The Court of Appeal observed that the “reasonable offer” did not include…

IF YOU ARE ASKING FOR AN EXPEDITED TRIAL - MAKE SURE YOU ARE AVAILABLE...: JUDGE SAYS THE PARTIES SHOULD HAVE CHECKED THIS ISSUE

IF YOU ARE ASKING FOR AN EXPEDITED TRIAL – MAKE SURE YOU ARE AVAILABLE…: JUDGE SAYS THE PARTIES SHOULD HAVE CHECKED THIS ISSUE

June 5, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

Here we are looking at a short, but important, point in relation to seeking an expedited trial.  The parties agreed the need for a speedy trial and agreed the dates.  However it turns out that neither of the leading counsel…

COST BITES 398:  MORE BUDGETING IN THE MERCEDES-BENZ LITIGATION: ONLY A "MODEST" REDUCTION OF £1 MILLION HERE: BUT WHY (THE COURT ASKS) WEREN'T REALISTICALLY REDUCED FIGURES PUT FORWARD IN THE FIRST PLACE?

COST BITES 398: MORE BUDGETING IN THE MERCEDES-BENZ LITIGATION: ONLY A “MODEST” REDUCTION OF £1 MILLION HERE: BUT WHY (THE COURT ASKS) WEREN’T REALISTICALLY REDUCED FIGURES PUT FORWARD IN THE FIRST PLACE?

June 5, 2026 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

Here we look at the remaining elements of costs budgeting in a case that we have looked at before.  The reductions this time were not as severe as previously. It remains the case, however, that just over £1 million was…

THROWBACK FRIDAY: “ADVOCACY – THE JUDGE’S VIEW: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND “WELL PADDED VANITY” (JUNE 2016

June 5, 2026 · by gexall · in Advocacy, Civil evidence, Civil Procedure, Members Content

There have been several series on “advocacy – the judge’s view” on this blog.  Here we look at the fourth post in the first series.   Again we have the problem that the original links no longer work.  However this summary…

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Recent Posts

  • COST BITES 442: AN IMPORTANT POINT TO WATCH WHEN SEEKING TO RECOVER COSTS ON A COUNTERCLAIM
  • COST BITES 441: NO ORDER FOR COSTS – EVEN THOUGH THE APPLICANT WAS SUCCESSFUL: THERE ARE MANY LESSONS TO LEARN HERE…
  • COST BITES 440: WHY INDEMNITY COSTS WERE ORDERED A LOOK AT THE CLAIMANTS’ PLEADED CASE: FIRSTLY IT WAS PLEADED TOO WIDELY, SECONDLY THERE WERE THEN ATTEMPTS TO PUT THE CASE OUTSIDE THE PLEADINGS
  • CIVIL LITIGATION BRIEF WEBINARS COMING UP LATER THIS YEAR: A NEW DISCOUNT CODE
  • COST BITES 439 : IS THE EXISTENCE OF A COSTS BUDGET A REASON NOT TO AWARD INDEMNITY COSTS ?

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ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST...): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT...)
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