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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"

COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: “THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT”

August 3, 2026 · by gexall · in Appeals, Civil evidence, Civil Procedure, Costs, Members Content, Uncategorized

This case gives a clear message from the Court of Appeal about the critical importance of the “costs neutral” status of the Small Claims Track.  The judgment makes it clear that the starting point is that costs are not recoverable…

COST BITES 370: THE OTHER PART OF THE CAR PARKING SAGA: COURT AWARDS COSTS AGAINST THE CLAIMANT IN A SMALL CLAIMS TRACK CASE

COST BITES 370: THE OTHER PART OF THE CAR PARKING SAGA: COURT AWARDS COSTS AGAINST THE CLAIMANT IN A SMALL CLAIMS TRACK CASE

April 7, 2026 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Members Content

Here we return to the case considered in the previous post.  The judge refused to allow the claimant’s representative a right of audience in a Small Claims Track case.  This was a Small Claims Track case, however the judge then…

NO RE-ALLOCATION AT THE COURT OF APPEAL STAGE JUST TO GET COSTS: CONLON -v- ROYAL SUN INSURANCE PLC

February 26, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

In Conlon -v- Royal Sun Insurance plc [2015] EWCA Civ 92 the Court of Appeal refused to re-allocate a costs at the appeal stage when the application was made solely for the purpose of attempting to recover costs. THE ISSUES…

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