header-logo header-logo

Civil way: 10 May 2013

10 May 2013
Issue: 7559 / Categories: Features , Civil way
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll