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Civil way: 6 September 2019

05 September 2019
Issue: 7854 / Categories: Features , Civil way , Procedure & practice
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Revisiting no order as to costs; summary assessment forms change; new appeal points; housing provider slips up; ECJ on flight compensation; bundle inheritance

NOT TOO LATE, TOO MUCH

The general rule is that when the court makes an order which is silent on costs, no party is entitled to costs. That’s CPR 44.10 (1) (a). The general rule also applies to family proceedings. That’s FPR 28.2.

Can a retrospective order for costs be made? Yes. The Court of Appeal has just so ruled in the children case of Timokhina v Timokhin [2019] EWCA Civ 1284. Whether the court would actually make the retrospective order, stated vice-president Underhill LJ, is to depend on the circumstances of the case and the application would be considered against the backdrop of CPR 44.10 (1)(a).

The costs sought by the father in this case were eye watering. The mother having conceded that she would withdraw an appeal to a circuit judge and pay standard basis costs, a hearing proceeded to solely determine the basis of assessment. The

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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