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18 October 2013
Issue: 7580 / Categories: Case law , Law digest , In Court
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Costs

Michael and another v Middleton and another [2013] All ER (D) 124 (Oct)

The new CPR 3.9 was in force from 1 April 2013. The new rule required that the court considered all the circumstances of the case so as to enable it to deal justly with the application, including the need (a) for litigation to be conducted efficiently and at proportionate cost and (b) to enforce compliance with the Rules, Practice Directions and orders of the court. The new rule applied in respect of any application made on or after 1 April 2013, which was the date on which the amended rule came into force which applied in its opening words “on any application for relief from any sanction imposed”. In a case of non-compliance with an unless order a party would be required to show a material change of circumstances in order to obtain relief from sanctions. Although the checklist of relevant considerations in the old rule 3.9 had been removed, they nonetheless represented matters which continued to be relevant as considerations for the court in making

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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