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13 June 2019
Issue: 7844 / Categories: Features , Procedure & practice , Civil way
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Civil way: 14 June 2019

Family misconduct; ‘Best Endeavours’ breach; High Court: keep out; tribunals ready on tenant fees; new Act for the missing

PEANUTS ROASTED

The FPR PD28A on costs has been amended (see ‘Civil way’, NLJ 31 May 2019, p16) as from 27 May 2019, to the accompaniment of a blast of silence. An extended para 4.4 provides that when considering whether to depart from the general no-costs rule in financial remedy proceedings, the court will take a broad view of conduct—bear with me, it gets more exciting—and will generally conclude that to refuse openly to negotiate reasonably and responsibly will amount to conduct in respect of which the court will consider making an order for costs. In a ‘needs’ case, this will include the applicant unreasonably litigating with the result that the costs incurred by each party have become disproportionate to the award made by the court. And where an order for costs is made at an interim stage (see FPR 28.3(6)), the court will not usually allow any resulting liability to

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MOVERS & SHAKERS

Orwins—Maryam Abbasi

Orwins—Maryam Abbasi

Senior associate joins family law team in London

Tees Law—Stephen Williams

Tees Law—Stephen Williams

Firm appoints chief financial officer as it expands Essex office footprint

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

NEWS
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
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