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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 408: WHO (IF ANYONE) SHOULD PAY THE COSTS WHEN THE COURT MAKES NO DECISION ON THE SUBSTANTIVE ISSUE?

COST BITES 408: WHO (IF ANYONE) SHOULD PAY THE COSTS WHEN THE COURT MAKES NO DECISION ON THE SUBSTANTIVE ISSUE?

July 3, 2026 · by gexall · in Applications, Civil Procedure, Costs, Group Litigation Orders, Injunctions, Members Content

In this case the judge considered an argument that a claimant who made, but failed, in an application for an interim injunction should not necessarily be liable for costs. This argument was put forward on the basis that the court…

RELIEF FROM SANCTIONS REFUSED IN GROUP LITIGATION CASE:  THE "THIRD STAGE" IN DENTON CONSIDERED IN DETAIL

RELIEF FROM SANCTIONS REFUSED IN GROUP LITIGATION CASE: THE “THIRD STAGE” IN DENTON CONSIDERED IN DETAIL

April 27, 2017 · by gexall · in Group Litigation Orders, Members Content, Relief from sanctions

In the judgment today in Kamathi -v- The Foreign & Commonwealth Office [2017] EWHC 939 (QB) Mr Justice Stewart refused an application for relief from sanctions. The Denton principles were considered in detail in the context of a late application…

THE DEAD CAN'T SUE: AN IMPORTANT REMINDER

November 26, 2016 · by gexall · in Applications, Civil Procedure, Group Litigation Orders, Members Content, Parties to actions, Striking out, Uncategorized

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very…

COSTS BUDGETING, PROPORTIONALITY AND GROUP LITIGATION

December 7, 2015 · by gexall · in Costs, Costs budgeting, Group Litigation Orders, Members Content, Uncategorized

In Various Claimants -v- Sir Robert McAlpine & others [2015] EWHC 3543 (QB) Mr Justice Supperstone (sitting with Master Leslie & Chief Master Gordon Saker) considered costs budgeting within a Group Litigation Order. “Recognising that this is a complex case…

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Recent Posts

  • WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: 9th SEPTEMBER 2026: USEFUL GUIDANCE, CHECKLISTS AND QUESTIONNAIRES
  • SHOULD (OR CAN) THE COURT MAKE AN ORDER FOR PRE-ACTION DISCLOSURE WHEN THE PROPOSED DEFENDANT IS BASED IN ITALY? ANOTHER PAD APPLICATION COMES TO GRIEF…
  • THROWBACK FRIDAY:”WITNESS STATEMENTS: WHEN THINGS GO WRONG BLAME THE SOLICITOR” (SEPTEMBER 2016)
  • SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT
  • COST BITES 446 : SHOULD THE COURT HAVE MADE A NON-PARTY COSTS ORDER? SHOULD THE APPELLANT HAVE BEEN CROSS-EXAMINED AND WAS THE COURT BOUND TO ACCEPT HIS EVIDENCE?

Top Posts

SETTING ASIDE A DEFAULT JUDGMENT, DENTON AND DELAY: SHOULD THE COURT REFUSE THE DEFENDANT RELIEF BECAUSE THEY HAD CAUSED UNNECESSARY DELAY AND COSTS?
DEALING WITH FISH FILES, PROCRASTINATION AND DELAY: THE LITIGATOR'S FRIEND: A REMINDER OF USEFUL LINKS, POSTS AND GUIDANCE AND SOME USEFUL CHECKLISTS
WITNESS EVIDENCE WEDNESDAY: "BACKDATING LETTERS" TO DELIBERATELY MISLEAD COULD COST YOU: £4.58 MILLION IN THIS CASE: (METADATA COMES INTO PLAY NOW)
COST BITES 443: USEFUL CHECKLISTS: A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)
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

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