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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 01
COST BITES 445: "AN APPALLING WASTE OF RESOURCES FOR WHICH BOTH PARTIES AND THEIR REPRESENTATIVES BEAR RESPONSIBILITY": THE FAMILY COURT IS NOT BEST PLEASED...

COST BITES 445: “AN APPALLING WASTE OF RESOURCES FOR WHICH BOTH PARTIES AND THEIR REPRESENTATIVES BEAR RESPONSIBILITY”: THE FAMILY COURT IS NOT BEST PLEASED…

September 1, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Costs, Members Content

Here we take a look at a judgment in a family case which contains an exhortation about running up unnecessary costs.  This is normally a regime in which inter partes costs are not awarded.  The conduct in this case led…

ADVOCACY THE JUDGE'S VIEW SERIES 4: A RECAP OF THE PREVIOUS SERIES AND THE DEADLY SINS OF ADVOCATES: DON'T BE CONFUSING OR BORING

ADVOCACY THE JUDGE’S VIEW SERIES 4: A RECAP OF THE PREVIOUS SERIES AND THE DEADLY SINS OF ADVOCATES: DON’T BE CONFUSING OR BORING

September 1, 2026 · by gexall · in Advocacy, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Written advocacy

The fourth series  on the Judge’s views of advocacy only had two posts.    The second post in the series consisted of a tweet from an (anonymous) judge “Get to the Point Quickly”.   The first in the series contained a…

CAN YOU HAVE AN INTERIM INJUNCTION WHEN YOU HAVE BEEN REFUSED IDENTICAL RELIEF IN THE PAST? CLAIMANTS NOT ALLOWED A SECOND BITE OF THE CHERRY

CAN YOU HAVE AN INTERIM INJUNCTION WHEN YOU HAVE BEEN REFUSED IDENTICAL RELIEF IN THE PAST? CLAIMANTS NOT ALLOWED A SECOND BITE OF THE CHERRY

September 1, 2026 · by gexall · in Abuse of Process, Applications, Civil Procedure, Injunctions, Members Content

Can a party who has an application for an injunction dismissed then issue proceedings and seek an injunction in identical terms?  The answer in this case is no.  The principles that prevent litigants seeking “two bites of the cherry” apply…

COST BITES 443: USEFUL CHECKLISTS:  A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)

COST BITES 443: USEFUL CHECKLISTS: A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)

September 1, 2026 · by gexall · in Assessment of Costs, Civil evidence, Costs, Members Content

The review on the book on Costs in Housing Disrepair cases last week led me to consider a series of checklists on costs.  I am starting with costs for claimant housing lawyers.  However this site is even handed,  the next…

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Recent Posts

  • EXPERT WATCH 82: THE PROFOUND DANGERS OF AN EXPERT USING AI: “A SIGNIFICANT GAP BETWEEN THE VOICE AND OPINION OF THE EXPERT AND THE REPORT WHICH SHE HAS FILED”
  • SERVICE POINTS 58: ACCIDENT IN ENGLAND, CLAIMANTS LIVING IN AUSTRALIA: DEFENDANT’S APPLICATION TO CHALLENGE JURISDICTION REFUSED
  • EXPERT WATCH 81: EXPERT EVIDENCE ON APPEAL: COMPANY PERMITTED TO RELY ON IT EXPERT TO EXPLAIN WHY ITS DIRECTORS THOUGHT A REGULATOR’S EMAIL WAS A PHISHING ATTEMPT
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  • THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…

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