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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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  • DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
  • THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
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Top Posts

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  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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