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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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WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
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