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10 May 2013
Issue: 7559 / Categories: Features , Civil way
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Civil way: 10 May 2013

Latest in Jacksonland, flexi tenants and the possibility of advance rent protection

JACKCHAT

And for now

New CPR 44.3(8) loves interim costs when the court orders detailed assessment. In Deutsche Bank v Khan and others [2013] EWHC 1020 (Comm), [2013] All ER (D) 205 (Apr) before Hamblin J the claimant receiving party asked for £2,743,000 which represented two thirds of what it was claiming discounted by 20%. The judge made an interim order for £2,100,000. Cool. The basis of assessment was ordered to be indemnity, the claimant relying on a facility agreement requiring an indemnity for “all costs”. It was held that this was equivalent to indemnity costs and that the clear weight of authority supported the proposition that such a provision meant the indemnity basis. The only authority to the contrary was Re Adelphi Hotel (Brighton) Ltd [1953] 1 WLR 8955 but Vaisey J there had not been followed in other cases.

Mediation conundrum

Mediation may be viewed as a little less attractive if it fails and the ultimate victor

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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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