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 » September » 11
COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)

COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)

September 11, 2026 · by gexall · in Applications, Civil Procedure, Conduct, Costs, Members Content

Here we look at a case where a defendant was successful in having an action against him struck out because there was no viable cause of action.  The questions addressed here were – should the claimant recover 100% of his…

THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE:  THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE

THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE

September 11, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

What is the situation if a party seeks a prospective application of time for compliance but, whilst the application is pending, does not act by the date they proposed?  Is this still and “in-time” application?  Should it be treated any…

EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"

EXPERT WATCH 71: “I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE”: THE EXPERT WAS “ADVOCATING” AND “HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL”

September 11, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

We have seen that judge jealously (and rightly) guard against experts trespassing into the judicial role of fact finding.  They are also suspicious of experts that take the role of advocates rather than independent experts.  We see both of these…

THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)

THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)

September 11, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

Some things are timeless in litigation. The fact that it carries risks is without doubt one of those things. Here we look at a post that considered the duty to advise on the risks of litigation and how to fulfil…

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

  • EXPERT WATCH 75: A CASE REPLETE WITH EXPERT ISSUES: A FAILURE TO PREPARE A JOINT REPORT PLUS THE CLAIMANT CREATES DIFFICULTIES FOR ITSELF WHEN IT DOES NOT ASK ITS EXPERT TO REPORT ON POSSIBLE ALTERNATIVE OUTCOMES
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … PROVING DAMAGES: 10 KEY POINTS AND LOTS OF RELEVANT LINKS
  • THROWBACK FRIDAY: “PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT” (OCTOBER 2015)
  • EXPERT WATCH 74: “HE EFFECTIVELY ASSUMED AN IMPERMISSIBLE ROLE PROMOTING A PROSECUTION CASE”: EXPERT AND PROSECUTORIAL MISCONDUCT LEAD TO CONVICTIONS BEING QUASHED
  • COST BITES 459 : A DEFENDANT TO COMMITTAL PROCEEDINGS CAN RECOVER COSTS OVER AND ABOVE CRIMINAL LEGAL AID RATES: COURT OF APPEAL DECISION

Top Posts

SUPREME COURT PRACTICE DIRECTIONS AMENDED: REPLIES TO OBJECTIONS, BUNDLES, COURT DRESS AND DRAFT ORDERS: WHAT THIS MEANS IN PRACTICE
BACK TO BASICS MONDAY: DOCUMENTS ARE ADMISSIBLE WHEN THEY ARE IN AN AGREED TRIAL OR APPLICATION BUNDLE BUT...
THE CHANCERY DIVISION IS NO MORE: A PRACTICE NOTE FROM THE CHANCELLOR OF THE HIGH COURT
EXPERT WATCH 73: AN "AD HOMINEM ATTACK" ON A PARTY'S EXPERT FAILS TO IMPRESS THE JUDGE
INTERIM PAYMENTS: THE EXISTENCE OF DISPUTED DEFENCES AND COUNTERCLAIMS DID NOT PREVENT AN AWARD OF £1.4 MILLION

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.