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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLAIMANT GRANTED RELIEF FROM SANCTIONS (ON APPEAL) FOLLOWING LATE SERVICE OF A COSTS BUDGET (TWO YEARS AND FIVE MONTHS LATE…): BUT AT A COST…

July 4, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content, Relief from sanctions

Cases relating to late service of the costs budget are still filtering through. Rarely, however,  does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…

SANCTIONS FOR LATE FAILURE TO FILE A COSTS BUDGET DO NOT APPLY TO INCURRED COSTS: REPORT OF A COUNTY COURT DECISION

March 11, 2021 · by gexall · in Appeals, Costs, Costs budgeting, Members Content, Sanctions

Recommended reading today is a useful report from PIC available here in relation to a decision in Hardy -v- Skeelis (4th March 2021, County Court at Stoke, HHJ Rawlings).  The appeal decision confirms that the sanctions imposed for failing to…

RELIEF FROM SANCTIONS NOT NEEDED: A DECISION "POUR ENCOURAGER LES AUTRES": A SOLICITOR CAN RELY ON A LETTER FROM THE COURT

RELIEF FROM SANCTIONS NOT NEEDED: A DECISION “POUR ENCOURAGER LES AUTRES”: A SOLICITOR CAN RELY ON A LETTER FROM THE COURT

November 28, 2017 · by gexall · in Applications, Costs budgeting, Members Content, Relief from sanctions

In his judgment today in Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) Mr Justice Coulson had some telling observations on whether a party needed relief from sanctions and whether relief should be granted. He held…

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Recent Posts

  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
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  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION "UNRELIABLE"

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