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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » July » 14
CAN THE WORDING OF A COVERING LETTER ENCLOSING TERMS OF BUSINESS FROM A SOLICITOR TO A CLIENT GIVE RISE TO AN ESTOPPEL SO AS TO PREVENT RELIANCE ON THOSE TERMS?

CAN THE WORDING OF A COVERING LETTER ENCLOSING TERMS OF BUSINESS FROM A SOLICITOR TO A CLIENT GIVE RISE TO AN ESTOPPEL SO AS TO PREVENT RELIANCE ON THOSE TERMS?

July 14, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content

Here we look at a case where a solicitor’s (former) client argued that the wording of a covering letter enclosing the firm’s terms and conditions meant that they were estopped from relying on those terms.  It is an interesting example…

CAN THE COURT REFUSE TO ISSUE A CLAIM FORM? CAN THE STAFF LAWFULLY REFER THE ISSUE TO THE JUDGE? AN UNUSUAL APPLICATION FOR JUDICIAL REVIEW

CAN THE COURT REFUSE TO ISSUE A CLAIM FORM? CAN THE STAFF LAWFULLY REFER THE ISSUE TO THE JUDGE? AN UNUSUAL APPLICATION FOR JUDICIAL REVIEW

July 14, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Uncategorized

Here we look at an unusual application for judicial review. It is all about the powers of the County Court to refer matters, upon issue, to the judge for consider.  It makes clear that court staff have no power to…

COST BITES 412: SHOULD THE CLAIMANT'S FAILURE TO GIVE FULL AND FRANK DISCLOSURE ON AN APPLICATION TO SERVE OUT LEAD TO THE DEFENDANTS RECOVERING INDEMNITY COSTS: CONDUCT CONSIDERED

COST BITES 412: SHOULD THE CLAIMANT’S FAILURE TO GIVE FULL AND FRANK DISCLOSURE ON AN APPLICATION TO SERVE OUT LEAD TO THE DEFENDANTS RECOVERING INDEMNITY COSTS: CONDUCT CONSIDERED

July 14, 2026 · by gexall · in Applications, Civil Procedure, Conduct, Costs, Members Content, Service of the claim form

This judgment considers whether certain, admitted, failures by the claimant to give full and frank disclosure should lead to costs being awarded against it, even though it defeated the defendants’ application to set aside the order that was made. The…

WAS A SOLICITOR'S CAP ON LIABILITY FOR NEGLIGENCE TO £3 MILLION "REASONABLE": COULD IT SURVIVE THE UNFAIR CONTRACT TERMS ACT REQUIREMENTS?

WAS A SOLICITOR’S CAP ON LIABILITY FOR NEGLIGENCE TO £3 MILLION “REASONABLE”: COULD IT SURVIVE THE UNFAIR CONTRACT TERMS ACT REQUIREMENTS?

July 14, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content, Professional negligence,

One of the issues in this case related to whether a solicitor’s contractual cap of £3 million was reasonable. The solicitor’s terms of business limited liability to £3 million. Could that cap, on the facts of this case, survive the…

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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...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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