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23 October 2014
Issue: 7627 / Categories: Legal News
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Caliendo v Mishcon de Reya: post-Mitchell costs

The High Court has granted relief from sanctions to two claimants who were three and a half months late in notifying their defendants about funding agreements due to an “oversight”, in the latest costs ruling to follow Denton and Mitchell .

In Caliendo v Mishcon de Reya [2014] EWHC 3414 (Ch), the claimants were allowed to keep their conditional fee agreements with DLA Piper, even though they should have notified within seven days. The case, which involved a shares dispute with Mishcon, was deferred until after the Mitchell and Denton cases on sanctions under the new post-Jackson review civil procedure rules.

Mr Justice Hildyard found that relief could be granted even though the claimants had no “good reason” for their delay, since the defendants had not been prejudiced by the delay and it would not be “fair, just or appropriate” to deny relief.

Issue: 7627 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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