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02 February 2012
Issue: 7499 / Categories: Case law , Law digest , In Court
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Costs

Thomas Brown Estates Ltd v Hunters Partners Ltd [2012] EWHC 30 (QB), [2012] All ER (D) 122 (Jan)

On the basis of established authority, the discretion as to costs was a wide one. The aim was to make an order that reflected the overall justice of the case. The general rule remained that costs should follow the event, ie that the unsuccessful party would be ordered to pay the costs of the successful party. The question of who was the “successful party” for the purposes of the general rule had to be determined by reference to the litigation as a whole.

The court might, of course, depart from the general rule. But it remained appropriate to give “real weight” to the overall success of the winning party. It was important to identify at the outset who was the “successful party”. Only then was the court likely to approach costs from the right perspective. The question of who was the successful party was a matter for the exercise of common sense.
 

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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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’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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