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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

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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