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19 January 2012
Issue: 7497 / Categories: Case law , Law digest , In Court
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Costs

Astrazeneca UK Ltd v International Business Machines Corporation [2011] EWHC 3373 (TCC), [2012] All ER (D) 22 (Jan)

 

It was well established that while, in principle, there might be two alternative bases for obtaining costs, namely under the terms of an express contractual indemnity or by the exercise of the court’s discretion pursuant to s 51 of the Senior Courts Act 1981 and the CPR, the fact that the court made an order pursuant to s 51 did not detract from any contractual right to claim indemnity costs. It was clear that in exercising its discretion under CPR 44.3, the court should ordinarily exercise that discretion so as to reflect the contractual right.

Equally, if the court was giving effect to a contractual right to costs, then the provisions of CPR 48.3 and para 50.1 of the Costs Practice Direction to CPR Pt 48 would provide, first, that the costs recoverable were those which had been reasonably incurred and reasonable in amount, and, second, that the costs payable should be disallowed if the court was satisfied by the

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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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