header-logo header-logo

19 January 2012
Issue: 7497 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll