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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » September » 21
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25:  "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"

COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: “THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION”

September 21, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Proportionality

The judgment given today in the Court of Appeal was the second appeal on the issue.  It involved two junior counsel on each side.  The sums involved were not large, the Court estimated it to be £25.00.  In every other…

COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM

COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM

September 21, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

In this judgment today the Court of Appeal held that it is not appropriate for a former client to raise Part 18 questions as to whether their former solicitors had received a commission on an ATE policy.  This is important…

BACK TO BASICS MONDAY: THE NEED TO SERVE A SEALED CLAIM FORM: LITIGATORS HAVE BEEN COMING TO GRIEF ON THIS ISSUE FOR WELL OVER A DECADE (AT LEAST...)

BACK TO BASICS MONDAY: THE NEED TO SERVE A SEALED CLAIM FORM: LITIGATORS HAVE BEEN COMING TO GRIEF ON THIS ISSUE FOR WELL OVER A DECADE (AT LEAST…)

September 21, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

Last week we looked at (another) case where a claimant had come to grief when it failed to serve a sealed claim form in time.  This is an opportune time to remind readers of the basic point that to be…

COST BITES 454 : INTEREST ON COSTS: A SERIES OF CHECKLISTS AND USEFUL LINKS FOR THE PAYING PARTY

COST BITES 454 : INTEREST ON COSTS: A SERIES OF CHECKLISTS AND USEFUL LINKS FOR THE PAYING PARTY

September 21, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Interest, Members Content

Last week we looked at a recent judgment which concerned interest on costs. That post also contained a series of checklists relating to interest on costs for the receiving party.  I promised  corresponding checklists for the paying party.  There are…

COST BITES 453: YOU ARE NOT GETTING A SUMMARY ASSESSMENT JUST BECAUSE YOU ALL WANT ONE: THE BROADBRUSH IS TOO BLUNT A TOOL FOR THIS PROCESS

COST BITES 453: YOU ARE NOT GETTING A SUMMARY ASSESSMENT JUST BECAUSE YOU ALL WANT ONE: THE BROADBRUSH IS TOO BLUNT A TOOL FOR THIS PROCESS

September 21, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

We are returning to the previous case to look at the judgment in relation to the judge’s comments on the method of assessment.  All the parties favoured a summary assessment, the Senior Costs Judge found that this was not appropriate….

COST BITES 452: WHAT COSTS ORDER SHOULD THE COURT MAKE FOLLOWING THE DECISION IN THE MEDICAL REPORTING CASE? "WE ALL WON - SAY THE PARTIES" AND "WE'RE ALL APPEALING ANYWAY..."

COST BITES 452: WHAT COSTS ORDER SHOULD THE COURT MAKE FOLLOWING THE DECISION IN THE MEDICAL REPORTING CASE? “WE ALL WON – SAY THE PARTIES” AND “WE’RE ALL APPEALING ANYWAY…”

September 21, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

We have the latest chapter in the ongoing saga of whether a receiving party needs to provide a breakdown of the costs of a medical report.  Fittingly (and unsurprisingly) this judgment is about costs.  It is an unusual case in…

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