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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » October » 19
COST BITES  466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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

October 19, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Interest, Members Content

Here we have a case where the Court of Appeal upheld a decision to award pre-judgment interest on costs. Interest can be awarded even though the action is being conducted on a Conditional Fee Agreement.   This is an important point…

THIRD PARTY DISCLOSURE SHORTLY BEFORE TRIAL: “WHAT ONE PERSON REGARDS AS OPPORTUNISM MIGHT EQUALLY WELL BE ANOTHER PERSON’S CREATIVE LAWYERING”

THIRD PARTY DISCLOSURE SHORTLY BEFORE TRIAL: “WHAT ONE PERSON REGARDS AS OPPORTUNISM MIGHT EQUALLY WELL BE ANOTHER PERSON’S CREATIVE LAWYERING”

October 19, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content, Uncategorized

This is a case about a late application for third party disclosure.  The order was granted despite the trial date being imminent.  The respondents complained of “opportunism” the judge observed that this may well be described as “creative lawyering”. “…litigation…

BACK TO BASICS MONDAY: THE WISDOM OF MAKING A PROMPT AND REALISTIC PART 36 OFFER IN AN ASSESSMENT ON COSTS: 10 KEY POINTS WITH USEFUL LINKS

BACK TO BASICS MONDAY: THE WISDOM OF MAKING A PROMPT AND REALISTIC PART 36 OFFER IN AN ASSESSMENT ON COSTS: 10 KEY POINTS WITH USEFUL LINKS

October 19, 2026 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Part 36

 We are looking at the wisdom in making an early and realistic Part 36 offer on costs. “This appeal emphasises the need for paying parties who wish to protect themselves against the costs consequences of CPR 47.19 to make realistic…

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