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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE "JOINED" AND NOT "CONSOLIDATED": AN IMPORTANT DISTINCTION IN THE RULES

COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE “JOINED” AND NOT “CONSOLIDATED”: AN IMPORTANT DISTINCTION IN THE RULES

November 5, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

We are looking at a case where the appellant was successful in overturning an award for costs made against him in relation to one set of proceedings.  The judgment highlights the important distinction between “joinder” and “consolidation”.  That distinction can…

JOINDER OF A PARTY FOR COSTS, INDEMNITY COSTS & COMMENTS ON COSTS OUTSIDE THE COSTS BUDGET: EXCELERATE TECHNOLOGY ROUND 2

February 6, 2015 · by gexall · in Applications, Costs, Costs budgeting, Members Content

We looked earlier at the observations on costs in giving judgment in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile. A supplementary judgment on the costs issues is now available.  It contains the rationale for the matters discussed in the…

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