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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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