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Text of the page (random words):
spent in costs and neither party will recover a penny from the other a pyrhhic victory leads to no order for costs august 17 2026 by gexall in applications civil procedure conduct costs members content this is case that should be considered by every litigator and litigant it involves legal expenditure on a major scale with very little benefit to the parties at the end the final result is unlikely to please either of the giving an undertaking as to damages when obtaining an injunction remember it can come back to bite and sometimes bite hard august 14 2026 by gexall in applications avoiding negligence claims civil evidence civil procedure damages injunctions members content when a party obtains an injunction they usually have to give an undertaking as to damages there are now a number of cases where litigants have been found liable to pay damages as a result of that undertaking we have can delay in applying to strike out an action for abuse of process be an abuse of process in itself the dangers of letting time go by august 14 2026 by gexall in abuse of process applications civil evidence civil procedure members content striking out here we have a case where it was argued that the defendant s delay in bringing an application to strike out for abuse of process was an abuse of process in itself the case points to authorities that acquiescing in an throwback friday similar fact evidence in civil cases an overview and the relevant guidance considered august 2020 august 14 2026 by gexall in applications civil evidence civil procedure members content man of the posts in august 2020 concerned the impact of covid this post is the exception it arose out of a court of appeal decision that month that reviewed the principles relating to similar fact evidence in civil cases an order for wasted costs narrowly averted but there were issues on both sides none of the legal professionals in this case have covered themselves with glory august 13 2026 by gexall in applications avoiding negligence claims civil evidence civil procedure conduct costs members content wasted costs this is a case where the judge found the conduct of a firm of solicitors utterly extraordinary however there were in fact a number of errors by both sides this may and probably would have led to a wasted costs attempts to revisit the preliminary issues refused also the judge would have preferred to see witness statements not just documents august 13 2026 by gexall in applications civil evidence civil procedure members content witness statements this is another case where a party attempts to revisit preliminary issues a statement of issues that have been agreed and approved by the court that application did not get very far further the judge observed that although the parties were advocacy the judge s view a recap of the series 3 there is a special ring in hell for a certain type of advocate why all litigators should know these things august 13 2026 by gexall in advocacy applications civil procedure members content skeleton arguments back in the dim and distant days of 2018 this site ran its third series on advocacy the judge s view a new series will start shortly however before that we are recapping on the guidance given in the four previous witness evidence wednesday the paucity of evidence provided by the defendants an application for summary judgment cannot be defended by bare assertion august 12 2026 by gexall in applications civil evidence civil procedure members content witness statements the need to provide evidence and not simply make bare assertions is as important in applications as at trial here we see a case where the claimant obtained summary judgment in the face of a paucity of evidence from the cost bites 433 what are significant developments when you want to vary a costs budget why there were no such developments here august 12 2026 by gexall in appeals applications civil procedure costs costs budgeting members content we are continuing our consideration at the appeal case where the defendant s appeal against a decision to vary the claimant s budget the first reason the appeal was successful was because the first instance judge found that there were no significant cost bites 432 the court cannot alter the costs budget unless there are significant developments high court decision august 11 2026 by gexall in appeals applications civil evidence civil procedure costs costs budgeting members content this case reiterates the essential point that the court has no freestanding discretion to vary a costs budget an essential prerequisite of variation is that there must be a significant development that warrants a variation there was no such development cost bites 431 a case where both sides needed relief from sanctions so that they could argue issues of costs the problems flock together august 11 2026 by gexall in applications avoiding negligence claims civil procedure costs extensions of time members content here we look at a case where both parties required an extension of time in order to raise very significant arguments in relation to costs the claimant had been late in filing essential documents for his own costs protection the service points 53 how does the court protect the position of a party who wants to appeal decision in relation to jurisdiction but risks accepting jurisdiction in the meantime a puzzle solved by the court of appeal august 11 2026 by gexall in appeals applications avoiding negligence claims civil evidence civil procedure members content service of the claim form serving documents this judgment highlights the risk that a party who wishes to dispute jurisdiction can accidentally accept it what if any steps should the courts take to protect an appellant in these circumstances the litigant may wish to appeal to a should an assessment of damages go ahead pending an appeal 8 million costs could help avoid 45 million the trial could materially advance the litigation and narrow future disputes august 11 2026 by gexall in appeals applications case management civil procedure members content here the court considered whether an assessment of damages should be stayed pending the claimants application for permission to appeal this raised issues in relation to costs management and proportionality the judge engaged in an exercise of looking at the failing to give the source of information and belief in a witness statement the judge may think that there is something fishy going on here august 10 2026 by gexall in avoiding negligence claims civil evidence civil procedure members content witness statements there is it appears no end to the number of cases in which non compliant witness statements are served we have another example here one major issue relates to the failure to give the source of information and belief for the claimant s successful appeal against the striking out of a case because a witness statement had not been provided the small claims protocol is very different august 10 2026 by gexall in appeals applications civil procedure members content witness statements i am grateful to barrister simon murray for sending me a copy of this decision that deals with some important procedural issues on the small claims track in particular it highlights the fact that witness statements are not mandatory on cost bites 430 the armed forces hearing loss litigation who won and who should pay the costs august 10 2026 by gexall in civil procedure costs members content the issue of who won in litigation is usually a relatively easy one here we have a judgment in a complex series of test cases where the parties disagreed who had been successful there was a major difference in views back to basics monday the 70 key points of the denton judgment revisiting the basics after twelve years august 10 2026 by gexall in applications avoiding negligence claims civil procedure members content relief from sanctions it is now twelve years since the judgment in denton v white 2014 ewca civ 906 however it is still a judgment that appears regularly in the reports we will be looking at such a case this week over the years cost bites 429 a reminder that a claimant is still liable to pay costs even if proceedings are never served something about pre action conduct too august 7 2026 by gexall in applications avoiding negligence claims civil procedure members content this judgment illustrates two important things firstly that a claimant s liability to pay costs starts upon issue and remains even if proceedings are never served secondly that pre action conduct can have an impact on the decision that a judge makes setting aside a judgment obtained by fraud what if one of the parties was innocent court of appeal considers the issue something about laches too august 7 2026 by gexall in appeals applications civil evidence civil procedure members content setting aside a judgment obtained by fraud is very different to other applications to set aside it requires a separate action and there is a high burden of proof however what should happen if one of the parties to the enforcement bulletin 5 an application for recovery of money paid to enforcement agent dismissed it was too late and misconceived in any event august 7 2026 by gexall in applications civil procedure members content there are several issues in the case of general importance particularly for those seeking to challenge enforcement agents firstly as to the strict timetable involved secondly as to what constitutes controlled goods and finally as to the appropriate means for a myriad of procedural issues a bankrupt claimant an application to resile from an admission and an attempt to strike out a counterclaim for warehousing august 7 2026 by gexall in abuse of process applications avoiding negligence claims civil evidence civil procedure members content striking out this is a case that bristles with procedural issues firstly as to what happens when a claimant involved in a partnership with others goes bankrupt secondly whether that litigant could withdraw an admission that he had not status thirdly whether throwback friday the duty to put your case findings made on key points that were not put to the witness overturned on appeal august 2017 august 7 2026 by gexall in appeals applications civil evidence civil procedure members content witness statements this week we look at an important decision of the judicial committee of the privy council from 2017 it is a reminder of the need for a party to put their case to the other side s witnesses at trial here the current importance of pleadings 88 another case struck out because of inadequate pleadings the defendants are entitled to know the case against them august 6 2026 by gexall in avoiding negligence claims civil procedure members content striking out summary judgment i am always wary of being repetitive yet here we have our second case today of a claimant being struck out because of inadequate pleadings this repetition is simply a reflection of the cases that are going through the courts the current importance of pleadings 87 a claim can be struck out on an analysis of the pleaded case august 6 2026 by gexall in applications civil procedure members content statements of case striking out this judgment confirms a decision to strike out a case on the basis of inadequate pleadings it emphasises the fact that there is no need to wait for a defence to be filed before such an application is heard it expert watch 64 looking at the consequences of an expert reporting badly august 6 2026 by gexall in uncategorized here we are looking at the consequences of an expert reporting badly so badly that the parties agreed that a judgment based on the expert s report must be set aside the judge held however that earlier orders that prevented cost bites 428 if there is no charging clause in the will can the solicitor get paid august 6 2026 by gexall in assessment of costs avoiding negligence claims civil procedure costs members content here we look not for the first time at a case where there was no charging clause in a will and a solicitor executor charged for their services the solicitor attempted to rely on the circumstances in which the will cost bites 427 when a solicitor abandons an assessment personal liability and indemnity costs follow august 5 2026 by gexall in abuse of process applications assessment of costs avoiding negligence claims civil procedure conduct costs members content we have looked before at these cases relating to the assessment of costs in the pelvic mesh actions so far as the assessments were concerned nothing much has happened for several years here we look at the consequences of this court refuses permission to change name of the claimant after the expiry of the limitation period the dangers of leaving things late august 5 2026 by gexall in applications avoiding negligence claims civil procedure limitation members content many of the problem cases we look at on this blog have similar themes leaving the issue of proceedings until the last possible moment and then compounding that by leaving service until the last minute this case has an additional this case should be heard in manchester another administrative court case transferred away from london august 4 2026 by gexall in applications civil procedure members content we have looked many times at judgments where the courts have determined that regional centres are the appropriate venue for certain cases we have another example here the claimant wanted the matter heard in london the court directed it be a quick reminder of the clb webinars now available on demand also and unrelated saying au revoir to the little white dog august 4 2026 by gexall in civil evidence civil procedure members content webinar witness statements there are a number of clb webinars that are available on demand there is a reduction for clb members this is also an opportune time to say au revoir to the little white dog that has been gracing the pages service points 52 28 million claim lost because of a failure to serve a claim form properly these can be expensive mistakes august 4 2026 by gexall in applications avoiding negligence claims civil procedure members content service of the claim form serving documents this is a case ostensibly about limitation however the central point for most litigators is that in reality it is about a failure to serve a claim form properly the first claim was issued within the limitation period following a 1 2 149 next subscribe to blog via email enter your email address to subscribe to this blog and receive notifications of new posts by email subscription notifies you of a new post it does not give you access to members content email address subscribe join 12 4k other subscribers recent posts cost bites 440 why indemnity costs were ordered a look at the claimants pleaded case firstly it was pleaded too widely secondly there were then attempts to put the case outside the pleadings civil litigation brief webi...