Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » August » 11
COST BITES 432:  THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE "SIGNIFICANT DEVELOPMENTS" : HIGH COURT DECISION

COST BITES 432: THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE “SIGNIFICANT DEVELOPMENTS” : HIGH COURT DECISION

August 11, 2026 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Costs budgeting, Members Content

This case reiterates the essential point that the court has no freestanding discretion to vary a costs budget.  An essential prerequisite of variation is that there must be a “significant development” that warrants a variation.  There was no such development…

COST BITES 431: A CASE WHERE BOTH SIDES NEEDED RELIEF FROM SANCTIONS SO THAT THEY COULD ARGUE ISSUES OF COSTS: THE PROBLEMS FLOCK TOGETHER...

COST BITES 431: A CASE WHERE BOTH SIDES NEEDED RELIEF FROM SANCTIONS SO THAT THEY COULD ARGUE ISSUES OF COSTS: THE PROBLEMS FLOCK TOGETHER…

August 11, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Extensions of time, Members Content

Here we look at a case where both parties required an extension of time in order to raise very significant arguments in relation to costs.   The claimant had been late in filing essential documents for his own costs protection, the…

SERVICE POINTS 53:  HOW DOES THE COURT PROTECT THE POSITION OF A PARTY WHO WANTS TO APPEAL DECISION IN RELATION TO JURISDICTION BUT RISKS "ACCEPTING" JURISDICTION IN THE MEANTIME? A PUZZLE SOLVED BY THE COURT OF APPEAL

SERVICE POINTS 53: HOW DOES THE COURT PROTECT THE POSITION OF A PARTY WHO WANTS TO APPEAL DECISION IN RELATION TO JURISDICTION BUT RISKS “ACCEPTING” JURISDICTION IN THE MEANTIME? A PUZZLE SOLVED BY THE COURT OF APPEAL

August 11, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form, Serving documents

This judgment highlights the risk that a party who wishes to dispute jurisdiction can accidentally accept it.  What, if any, steps should the courts take to protect an appellant in these circumstances.  The litigant may wish to appeal to a…

SHOULD AN ASSESSMENT OF DAMAGES GO AHEAD PENDING AN APPEAL? £8 MILLION COSTS COULD HELP AVOID £45 MILLION: THE TRIAL COULD MATERIALLY ADVANCE THE LITIGATION AND NARROW FUTURE DISPUTES

SHOULD AN ASSESSMENT OF DAMAGES GO AHEAD PENDING AN APPEAL? £8 MILLION COSTS COULD HELP AVOID £45 MILLION: THE TRIAL COULD MATERIALLY ADVANCE THE LITIGATION AND NARROW FUTURE DISPUTES

August 11, 2026 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Members Content

Here the court considered whether an assessment of damages should be stayed pending the claimants’ application for permission to appeal.  This raised issues in relation to costs management and proportionality.  The judge engaged in an exercise of looking at the…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.3K other subscribers

Recent Posts

  • COST BITES 458 : SHOULD A COURT ORDER A THIRD PARTY TO PAY THE COSTS? CAN (OR SHOULD) AN ORDER BE MADE FOR PAYMENT BY BITCOIN? THE COURT OF APPEAL HAS ITS DOUBTS…
  • WITNESS EVIDENCE WEDNESDAY: WHEN DOES THE ABSENCE OF DOCUMENTS JUSTIFY AN ADVERSE INFERENCE ON SUMMARY JUDGMENT? IS THE WITNESS EVIDENCE DEFINITIVE?
  • WHAT HAS CIVIL LITIGATION BRIEF DONE… ABOUT WITNESSES GIVING EVIDENCE ABOUT THINGS SAID MANY YEARS AGO ? 10 KEY POINTS ON WITNESS EVIDENCE WITH USEFUL LINKS
  • WHO IS A PARTY AFFECTED BY A SUMMARY JUDGMENT? THE CPR; CRYPTOCURRENCY; DELAY IN APPLYING AND THE MERITS OF THE CASE CONSIDERED IN A COURT OF APPEAL JUDGMENT TODAY
  • GUIDE TO FATAL ACCIDENTS 5th EDITION: PUBLISHED LATER THIS YEAR: AVAILABLE TO PRE-ORDER

Top Posts

CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE...
SUPREME COURT PRACTICE DIRECTIONS AMENDED: REPLIES TO OBJECTIONS, BUNDLES, COURT DRESS AND DRAFT ORDERS: WHAT THIS MEANS IN PRACTICE
WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES - CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
EXPERT WATCH 73: AN "AD HOMINEM ATTACK" ON A PARTY'S EXPERT FAILS TO IMPRESS THE JUDGE
BACK TO BASICS MONDAY: DOCUMENTS ARE ADMISSIBLE WHEN THEY ARE IN AN AGREED TRIAL OR APPLICATION BUNDLE BUT...

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.