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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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MOVING FROM LEGAL AID TO CFAS: RECENT DEVELOPMENTS

February 9, 2016 · by gexall · in Appeals, Assessment of Costs, Conditional Fee Agreements, Members Content, Uncategorized, Useful links

NB see the appeals in relation to these issues discussed here . There have been recent developments in relation to the issue of the reasonableness of claimant solicitors moving from legal aid to conditional fee agreements. The first case upholds a…

TRIAL HAD NOT "COMMENCED" : ADDITIONAL LIABILITY NOT 100%: HIGH COURT DECISION ON COSTS

May 6, 2015 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

In James -v- Ireland [2015] EWHC 1259 (QB) Mrs Justice Slade DBE overturned an earlier decision that a trial had commenced and the claimant was entitled to 100% uplift in costs. (The uplift in costs resulted in a sum of…

COSTS NOT RECOVERED WHEN DEFENDANT NOT NAMED IN CFA: SENIOR COSTS OFFICE DECISION

March 27, 2015 · by gexall · in Applications, Civil Procedure, Costs, Members Content

The GWS website has a link to a decision of a decision of Deputy Master Friston made in the Senior Court Costs Office in Hailey -v- Assurance Mutuelle Des Motards (CCD 1405291). It relates to the question whether costs can…

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Recent Posts

  • COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
  • AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
  • AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
  • EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE – BUT THE PRINCIPLES ARE UNIVERSAL…)
  • BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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