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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Pre-action conduct
COST BITES 349 : THE CLAIMANT SHOULD HAVE BEEN GRANTED 100% OF THEIR COSTS: THE SECRETARY OF STATE'S FAILURE TO COMPLY WITH THE PRE-ACTION PROTOCOL WAS A HIGHLY RELEVANT FACTOR

COST BITES 349 : THE CLAIMANT SHOULD HAVE BEEN GRANTED 100% OF THEIR COSTS: THE SECRETARY OF STATE’S FAILURE TO COMPLY WITH THE PRE-ACTION PROTOCOL WAS A HIGHLY RELEVANT FACTOR

February 13, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content, Uncategorized

It is rare for the Court of Appeal to overturn a first instance decision as to costs. We see an example of this happening here.  The Upper Tribunal awarded the claimant 75% of his costs of a judicial review application…

SUCCESSFUL PRE-ACTION DISCLOSURE APPLICATION BY DEFENDANTS: CLAIMANTS HAD TO GIVE INFORMATION AS TO IMPECUNIOSITY

SUCCESSFUL PRE-ACTION DISCLOSURE APPLICATION BY DEFENDANTS: CLAIMANTS HAD TO GIVE INFORMATION AS TO IMPECUNIOSITY

October 14, 2018 · by gexall · in Applications, Damages, Disclosure, Members Content

In EUI Ltd v Charles & Ors [2018] EW Misc B7 (CC) HHJ Robert Harrison made an order that claimants give pre-action disclosure of documents relevant to the issue of impecuniosity.  The practical consequences of this decision could be enormous.  Given…

THE TIME FOR CHALLENGING A BILL HAS PROBABLY LONG GONE: AN IMPORTANT FACTOR IN REFUSING AN APPLICATION FOR DELIVERY UP

THE TIME FOR CHALLENGING A BILL HAS PROBABLY LONG GONE: AN IMPORTANT FACTOR IN REFUSING AN APPLICATION FOR DELIVERY UP

March 26, 2018 · by gexall · in Applications, Assessment of Costs, Conditional Fee Agreements, Costs, Members Content

There is a battle (or a series of skirmishes) going on at present in relation to solicitors charging success fees to their clients in personal injury cases. This has led to numerous applications to the courts for disclosure.  The former…

THE NEW PRE-ACTION PROTOCOL FOR DEBT CLAIMS: LINKS AND COMMENTARY

THE NEW PRE-ACTION PROTOCOL FOR DEBT CLAIMS: LINKS AND COMMENTARY

September 20, 2017 · by gexall · in Civil Procedure, Members Content, Rule Changes, Useful links

A new Pre-Action Protocol for debt claims comes into force on the 1st October 2017. Here are links to the Protocol  itself and commentary on the Protocol. THE PROTOCOL The protocol itself is available in full here  ARTICLES AND COMMENTARY…

PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT'S INSURANCE COVER

PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT’S INSURANCE COVER

April 27, 2017 · by gexall · in Disclosure, Members Content

In Peel Port Shareholder Finance Company Ltd-v- Dornoch Ltd [2017] EWHC 876 (TCC) Mr Justice Jefford refused an application for pre-action disclosure of an insurance policy. There is an interesting discussion of the scope of pre-action disclosure and the interrelationship…

FIXED COSTS APPLY TO APPLICATIONS FOR PRE-ACTION DISCLOSURE: COURT OF APPEAL DECISION TODAY

February 1, 2017 · by gexall · in Appeals, Applications, Costs, Disclosure, Members Content, QOCS

The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…

HEARING AN APPLICATION FOR PRE-ACTION DISCLOSURE AFTER PROCEEDINGS ARE ISSUED: FURTHER DEVELOPMENTS

February 21, 2016 · by gexall · in Applications, Disclosure, Members Content, Uncategorized

An earlier post considered the question whether an application for pre-action disclosure can properly be made after proceedings were issued.  This issue was considered again by HHJ Moloney QC (sitting as a judge of the High Court) in Anglia Research…

THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK

April 9, 2015 · by gexall · in Applications, Civil Procedure, Members Content, Rule Changes

The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here.  There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols….

WHEN YOU GET BACK TO WORK ON TUESDAY THERE ARE NEW CHANGES TO THE PRE ACTION PROTOCOLS IN FORCE: AND YOU MAY STRUGGLE TO FIND THEM

April 4, 2015 · by gexall · in Applications, Civil Procedure, Members Content, Risks of litigation, Rule Changes

If new rules are important you would think that great time and effort would be spent in making sure that practitioners had plenty of advance notice and they were readily available for study and consideration before they came into force….

THINKING OF ISSUING WITHOUT A LETTER BEFORE ACTION? THINK AGAIN IT MAY BE BAD FOR YOUR HEALTH(CARE)

September 20, 2014 · by gexall · in Applications, Civil Procedure, Costs, Members Content

In Baxter Healthcare UK Ltd -v- Fresenius Kabi* (17/09/14) Judge Hacon set out the dangers of issuing proceedings without sending a letter before action. THE ISSUES The claimant issued proceedings without sending a letter before action. The dispute was resolved….

PRE-ACTION CONDUCT: ESSENTIAL CHECKLISTS AND USEFUL LINKS

June 2, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Useful links

This is the 5th in the series of “Essential Checklists”. The group “Prequel” (the clue is in the name I guess) set out what they thought were essential elements in Pre-action procedure. PREQUEL’S CHECKLIST PRE-ACTION STEPS, PROTOCOL AND LETTERS BEFORE…

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