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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Pre-action Protocols
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…

EXPERT WATCH 9: FAILURES TO COMPLY WITH THE PRE-ACTION PROTOCOL AND TO INFORM THE EXPERTS OF THE DEFENDANT'S CASE COULD RENDER THE EVIDENCE "USELESS": AN EXPENSIVE DAY OUT FOR THE CLAIMANTS' SOLICITORS...

EXPERT WATCH 9: FAILURES TO COMPLY WITH THE PRE-ACTION PROTOCOL AND TO INFORM THE EXPERTS OF THE DEFENDANT’S CASE COULD RENDER THE EVIDENCE “USELESS”: AN EXPENSIVE DAY OUT FOR THE CLAIMANTS’ SOLICITORS…

August 6, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we look at a decision not about the conduct of experts but the way in which the experts were instructed and failure to comply with pre-action protocols.  On the face of it this is a decision of major importance…

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…

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…

THE PROTOCOLS: OFFERS AND RAISING NEW POINTS AT THE HEARING

March 23, 2016 · by gexall · in Admissions, Case Management, Civil evidence, Costs, Damages, Members Content, Uncategorized

The 4 New Square website has a copy of an interesting judgment of His Honour Judge Freedman in Mulholland -v- Hughes (18th September 2015). “I regard it as inequitable and unfair for a defendant, for the first time, to raise…

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….

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Recent Posts

  • COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)
  • THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
  • EXPERT WATCH 71: “I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE”: THE EXPERT WAS “ADVOCATING” AND “HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL”
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