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02 November 2012
Issue: 7536 / Categories: Case law , Law digest , In Court
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Costs

ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC), [2012] All ER (D) 235 (Oct)

It was settled law that, in deciding whether to deprive a successful party of some or all of its costs on the grounds that it had refused to agree to alternative dispute resolution, it had to be borne in mind that such an order was an exception to the general rule that costs should follow the event. The burden was on the unsuccessful party to show why there should be a departure from the general rule. The fundamental principle was that such departure was not justified unless it was shown that the successful party acted unreasonably in refusing to agree to alternative dispute resolution.

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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