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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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