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11 November 2022 / Stephen Gold
Issue: 8002 / Categories: Features , Procedure & practice , Civil way
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Civil way: 11 November 2022

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Arise CFO; QOCS in a mix; covenant breach test; Phoenix director hit; landlord’s charge struck down.

STILL OF INTEREST

Have mercy on us. They’ve upped the Court Funds Office interest rates again (see ‘Civil way’, NLJ, 14 October 2022, p16). As from 25 October 2022, the special account rate is increased from 1.75% to 2.25% and the basic account rate from 1.313% to 1.688%. No doubt, more to come. May the calculator be with you.

NOT THE BELSNER & KARATYSZ NEWS

Calm down you costaholics. There is no earthly reason why Belsner andKaratysz should hog the limelight. We have got a qualified one-way costs shifting (QOCS) case of the decade. Alright, the year. The Court of Appeal has just decided in Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 on the meaning of ‘proceedings’ in CPR 44.51. There, the claimant had brought a mixed claim, but the personal injury element was struck out as lacking reasonable grounds, with an order for

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Company conspiracy clarified
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
NLJ this week: Home is where intent lies
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
NLJ this week: Farewell to Chancery
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
NLJ this week: Silence carries a price
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
NLJ this week: Costs sting after a courtroom gamble
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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