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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SHOULD THE DEFENDANT PAY COSTS IMMEDIATELY AFTER A SPLIT TRIAL? THE "MEAN FIDDLER" CONSIDERED IN DETAIL

SHOULD THE DEFENDANT PAY COSTS IMMEDIATELY AFTER A SPLIT TRIAL? THE “MEAN FIDDLER” CONSIDERED IN DETAIL

July 7, 2025 · by gexall · in Applications, Civil Procedure, Costs, Members Content

For the second time within a few weeks we are looking at a case where the judge had to consider whether to make a costs order following a claimant being successful after a split trial.  Here the judge took a…

THE DANGERS OF MAKING ORDERS FOR SPLIT TRIALS: DECISION AT TRIAL SET ASIDE DUE TO A SERIOUS PROCEDURAL IRREGULARITY

THE DANGERS OF MAKING ORDERS FOR SPLIT TRIALS: DECISION AT TRIAL SET ASIDE DUE TO A SERIOUS PROCEDURAL IRREGULARITY

February 7, 2020 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Members Content

The judgment of Mr Justice Murray today in Sharn Panesar Ltd v Pistachios In The Park Ltd & Anor [2020] EWHC 194 (QB) illustrates some of the dangers of holding a trial on a preliminary issue. In this case a…

THE KIMATHI DECISION 5: REVIEW OF SECTION 33 PRINCIPLES: WHY LIMITATION WASN'T HEARD FIRST

THE KIMATHI DECISION 5: REVIEW OF SECTION 33 PRINCIPLES: WHY LIMITATION WASN’T HEARD FIRST

August 16, 2018 · by gexall · in Civil evidence, Civil Procedure, Limitation, Members Content

This is the fifth in the series that looks at the decision of Mr Justice Stewart in Kimathi & Ors v The Foreign And Commonwealth Office [2018] EWHC 2066 (QB).  The judgment contains a useful review and survey of Section 33 and…

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  • AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..
  • WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION
  • COST BITES 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: “VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL”
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Top Posts

  • WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION
  • THROWBACK FRIDAY (1): ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION (APRIL 2015)
  • MAZUR IN THE COURT OF APPEAL: WEBINAR WITH CHECKLISTS: NOW AVAILABLE "ON DEMAND"
  • COST BITES 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: "VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL"
  • AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..

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