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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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