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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 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)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • 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
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

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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