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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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KEEPING TIME ESTIMATES UNDER REVIEW: JUDGE GIVES REASONS FOR ADJOURNING APPLICATION: AND (BY THE WAY) "JUDGES ARE NOT SUPERHUMAN"

KEEPING TIME ESTIMATES UNDER REVIEW: JUDGE GIVES REASONS FOR ADJOURNING APPLICATION: AND (BY THE WAY) “JUDGES ARE NOT SUPERHUMAN”

March 26, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

It is rare that we see a detailed judgment on the reasons why an application has to be adjourned. Here the judge comments on the reasons for the adjournment but also observes that the initial time estimate for the application…

GIVING ACCURATE TIME ESTIMATES: ANOTHER REMINDER OF THEIR IMPORTANCE: "PARTIES MUST BE REALISTIC AND GIVE EARLY AND ACCURATE ASSESSMENTS"

GIVING ACCURATE TIME ESTIMATES: ANOTHER REMINDER OF THEIR IMPORTANCE: “PARTIES MUST BE REALISTIC AND GIVE EARLY AND ACCURATE ASSESSMENTS”

October 20, 2025 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Costs, Members Content

This is not the first time this blog has looked at judicial criticisms of inadequate time estimates.  On this occasion it was in relation to unrealistic reading time.   This provides an opportunity to revisit the guidance given in relation to…

THE IMPORTANCE OF ADEQUATE TIME ESTIMATES: THE COURT COULD APPLY SANCTIONS "POUR ENCOURAGER LES AUTRES"

THE IMPORTANCE OF ADEQUATE TIME ESTIMATES: THE COURT COULD APPLY SANCTIONS “POUR ENCOURAGER LES AUTRES”

February 11, 2025 · by gexall · in Advocacy, Applications, Assessment of Costs, Civil Procedure, Members Content

We are considering the issue of adequate time estimates for the second time this year. We are also revisiting the judgment of Deputy Costs Judge Roy KC in  Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO), however this time on…

THE IMPORTANCE OF ADVOCATES WORKING WITHIN TIME ESTIMATES: COURT OF APPEAL POLICE THEIR PROCEDURE

THE IMPORTANCE OF ADVOCATES WORKING WITHIN TIME ESTIMATES: COURT OF APPEAL POLICE THEIR PROCEDURE

January 16, 2025 · by gexall · in Appeals, Applications, Case Management, Members Content, Written advocacy

In Chief Constable of Northamptonshire Police v Woodcock [2025] EWCA Civ 13 the Court of Appeal considered many significant issues relating to the civil liability of the police force. However this blog, being this blog, will defer consideration of those…

"FORENSIC SPEED DATING" IS NOT A DESIRABLE EXERCISE: PRACTITIONERS SHOULD LIMIT THE NUMBER OF AUTHORITIES CITED

“FORENSIC SPEED DATING” IS NOT A DESIRABLE EXERCISE: PRACTITIONERS SHOULD LIMIT THE NUMBER OF AUTHORITIES CITED

September 27, 2023 · by gexall · in Advocacy, Applications, Members Content, Written advocacy

In a post-script to the judgment in Invest Bank PSC v El-Husseini & Ors [2023] EWHC 2302 (Comm) Stephen Houseman KC, sitting as High Court Judge, raised concerns over the number of authorities cited and the impact this has on…

TAILOR YOUR SUBMISSIONS TO KEEP TO TIME: A CODA TO A JUDGMENT - WITH A FAMILIAR THEME

TAILOR YOUR SUBMISSIONS TO KEEP TO TIME: A CODA TO A JUDGMENT – WITH A FAMILIAR THEME

April 1, 2022 · by gexall · in Applications, Civil Procedure, Members Content

There is another aspect of the judgment of Richard Salter QC (sitting as a Deputy Judge of the High Court) in  Al Saud & Anor v Gibbs & Anor [2022] EWHC 706 (Comm) looked at earlier this week.  A “Coda” to…

ACCURATE TIME ESTIMATES: A RECAP: THIS MAY GO ON A BIT...

ACCURATE TIME ESTIMATES: A RECAP: THIS MAY GO ON A BIT…

November 8, 2021 · by gexall · in Applications, Civil Procedure, Members Content

The post last week  in relation to inaccurate time estimates led to some comments that there was an absence of guidance on time estimates. I am not sure this is true. There are at least half a dozen posts on…

TIME ESTIMATES: "WILDLY OPTIMISTIC TO THE POINT OF ABSURDITY": AN UNHAPPY JUDGE

TIME ESTIMATES: “WILDLY OPTIMISTIC TO THE POINT OF ABSURDITY”: AN UNHAPPY JUDGE

November 5, 2021 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

In  E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC 90 Recorder Chandler made some observations on the difficulties the courts face when the parties list hearings with inadequate time estimates.  These are matters of general interest relating to…

THE NEED FOR ACCURATE TIME ESTIMATES: A PLEA FROM THE BENCH: A 2 1/2 HOUR TIME ESTIMATE REQUIRED TWO DAYS

THE NEED FOR ACCURATE TIME ESTIMATES: A PLEA FROM THE BENCH: A 2 1/2 HOUR TIME ESTIMATE REQUIRED TWO DAYS

October 21, 2021 · by gexall · in Applications, Civil Procedure, Members Content

This is not the first time this blog has noted judicial comments on the need for realistic time estimates. This can be seen clearly in the judgment of HHJ Russen QC in Potgieter v Village [2021] EW Misc 18 (CC)….

TIME ESTIMATES FOR APPLICATIONS: THE PROBLEMS, THE CASE LAW AND SOME GUIDANCE

TIME ESTIMATES FOR APPLICATIONS: THE PROBLEMS, THE CASE LAW AND SOME GUIDANCE

April 12, 2021 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

The post earlier this morning on the warnings given in Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 inrelation to inaccurate time estimates has led to some responses on Twitter.  Practitioners have highlighted the difficulties, a judge expressed their concern that…

INACCURATE TIME ESTIMATES CAN LEAD TO COSTS PENALTIES: A REMINDER

INACCURATE TIME ESTIMATES CAN LEAD TO COSTS PENALTIES: A REMINDER

April 12, 2021 · by gexall · in Applications, Civil Procedure, Members Content

There is another aspect of the judgment in Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) that merits examination. The judgment emphasised the need for accurate time estimates. THE CASE The judge…

ACCURATE TIME ESTIMATES: A ROUND UP OF THE CASES AND SOME GUIDANCE (IF YOU HAVE THE TIME TO READ IT...)

ACCURATE TIME ESTIMATES: A ROUND UP OF THE CASES AND SOME GUIDANCE (IF YOU HAVE THE TIME TO READ IT…)

February 20, 2020 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

In Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 128 (Comm) Mr Justice Andrew Baker made some observations about inadequate time estimates.  This criticism was specifically about applications in the Commercial Court.  However time estimates are an…

ADEQUATE TIME ESTIMATES: WAS THIRTY MINUTES LONG ENOUGH?

ADEQUATE TIME ESTIMATES: WAS THIRTY MINUTES LONG ENOUGH?

January 22, 2020 · by gexall · in Appeals, Applications, Avoiding negligence claims, Members Content

One other aspect of the judgment HHJ Lethem in Ivanoy -v- Lubble (Central London County Court 17th January 2020) relates to time estimates. It highlights the importance of giving appropriate time estimates, reviewing the estimate if the matter becomes complex and the…

REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT

REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT

October 3, 2019 · by gexall · in Applications, Case Management, Civil evidence, Civil Procedure, Members Content, Written advocacy

There is a short passage in  Barrowfen Properties Ltd v Hambros Investments Ltd & Anor [2019] EWHC 2548 (Ch) where Chief Insolvency and Companies Court Judge Briggs makes it clear that an application had been given an inadequate time estimate….

THE GENERAL DUTY ON LAWYERS TO INFORM THE COURT IF IT IS OBVIOUS THAT THE TIME ESTIMATE IS INCORRECT

THE GENERAL DUTY ON LAWYERS TO INFORM THE COURT IF IT IS OBVIOUS THAT THE TIME ESTIMATE IS INCORRECT

July 12, 2019 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

There is a judgment today on BAILLI in a family case. The case appears to be subject to reporting restrictions so I do not propose to link to it, or even name it, until these are clarified.  However what is…

BREXIT AND.... ACCURATE TIME ESTIMATES FOR COURT HEARINGS: THE COURT IS NOT A RUBBER STAMP

BREXIT AND…. ACCURATE TIME ESTIMATES FOR COURT HEARINGS: THE COURT IS NOT A RUBBER STAMP

October 25, 2018 · by gexall · in Applications, Civil Procedure, Members Content

The judgment in AIG Europe Ltd & Anor, Re [2018] EWHC 2818 (Ch) has already been the subject of some consternation, starting as it does with the words ” This case concerns the reorganisation of a major insurance company to prepare…

TIME ESTIMATES: PROBLEMS WHEN THE ESTIMATES ARE TOO SHORT: STILL LOOKING FOR GUIDANCE

TIME ESTIMATES: PROBLEMS WHEN THE ESTIMATES ARE TOO SHORT: STILL LOOKING FOR GUIDANCE

February 28, 2018 · by gexall · in Applications, Case Management, Members Content

I have been searching (so far unsuccessfully) for guidance to litigators and litigants to help provide accurate time estimates.  This may well be more of an art than a science. However it is a skill that needs honing. Not only…

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES  AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

May 29, 2017 · by gexall · in Applications, Case Management, Injunctions, Members Content

In Capita PLC -v- Darch [2017] EWHC 1248 (Ch) Richard Spearman QC highlighted some of the procedural issues that can arise when applications are served late and with insufficient time estimates.   A failure to serve promptly did not, ultimately,…

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