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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 247: SHOULD A SOLICITOR RESPOND TO PART 18 QUESTIONS ABOUT THE PAYMENT OF COMMISSION? THE HIGH COURT CONSIDERS THE POINT TODAY

COST BITES 247: SHOULD A SOLICITOR RESPOND TO PART 18 QUESTIONS ABOUT THE PAYMENT OF COMMISSION? THE HIGH COURT CONSIDERS THE POINT TODAY

June 26, 2025 · by gexall · in Appeals, Applications, Assessment of Costs, Civil evidence, Civil Procedure, Costs, Members Content

NB this decision was overturned by the Court of Appeal.  You can read the post about the Court of Appeal decision here. Here we are looking at another round in the solicitor-own client assessment war of attrition.   The question was…

THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE "PRE CPR-PROCEDURE"

THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE “PRE CPR-PROCEDURE”

June 4, 2025 · by gexall · in Applications, Members Content, Statements of Case

There have been a number of cases recently relating to Part 18 questions and questions to experts.   Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…

CAN THE COURT ORDER A CLAIMANT TO DELIVER UP REPLIES TO PART 18 QUESTIONS BEFORE A DEFENCE IS FILED? THE ISSUE CONSIDERED IN THE HIGH COURT

CAN THE COURT ORDER A CLAIMANT TO DELIVER UP REPLIES TO PART 18 QUESTIONS BEFORE A DEFENCE IS FILED? THE ISSUE CONSIDERED IN THE HIGH COURT

May 30, 2025 · by gexall · in Applications, Civil Procedure, Members Content, Statements of Case

There are relatively few cases on procedural issues relating to Part 18.   In this case the judge considered whether the court had power to compel a claimant to reply to Part 18 questions from the defendant before a defence was filed. …

ARGUING ABOUT THE SIZE OF THE BILL: ANOTHER ROUND IN THE DISCLOSURE OF AGENCY COSTS AND MEDICAL FEES WAR: CLAIMANT ORDERED TO COMPLY WITH PART 18 REQUESTS FOR A BREAKDOWN OF THE INVOICE

ARGUING ABOUT THE SIZE OF THE BILL: ANOTHER ROUND IN THE DISCLOSURE OF AGENCY COSTS AND MEDICAL FEES WAR: CLAIMANT ORDERED TO COMPLY WITH PART 18 REQUESTS FOR A BREAKDOWN OF THE INVOICE

May 15, 2024 · by gexall · in Appeals, Applications, Costs, Members Content, Proportionality

I am grateful to Ben Millns from Kennedys for sending me a copy of the decision in Parsons -v- Stevens, a copy of which is available here. Deputy District Judge Fentem decided that it was appropriate to make an order…

CLIFF, THE BBC AND PART 18 OF THE CPR: "WE DON'T TALK ANY MORE"

CLIFF, THE BBC AND PART 18 OF THE CPR: “WE DON’T TALK ANY MORE”

May 26, 2017 · by gexall · in Civil evidence, Civil Procedure, Members Content

In Sir Cliff Richard OBE -v- The British Broadcasting Corporation [2017] EWHC 1291 (Ch) Mr Justice Mann considered an issue of whether the BBC should answer Part 18 questions. It is unusual for one Part 18 question to be the…

WANT TO KNOW ABOUT ONEROUS PART 18 QUESTIONS; DISCLOSURE, COSTS CAPPING & BUDGETS: JUST GOOGLE IT

November 15, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Costs budgeting, Disclosure, Members Content

In Hegglin -v- Persons Unknown & Google Inc [2014] EWHC 3793 (QB) Mr Justice Edis considered some interesting issues of costs management and costs capping.  The short judgment is important reading in relation to the scope of Part 18 questions…

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COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"
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