header-logo header-logo

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

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

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll