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14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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Costs

Dass v Beggs [2014] EWHC 164 (Ch), [2014] All ER (D) 26 (Feb)

CPR 25.13(2)(g) provided that security might be ordered by the court if it was satisfied, having regard to all the circumstances of the case, that it was just to make such an order where “the claimant had taken steps in relation to his assets that would make it difficult to enforce an order for costs against him”. The appropriate analysis in cases concerning applications under CPR 25.13(2)(g) was, first, to ascertain whether the gateway condition had been satisfied and if so, but only then, to consider whether, in all the circumstances, it would be just to make an order. It was also legitimate for the court to abstain from adjudicating on the gateway under CPR 25.13(2)(g) if it had taken the view that, in any event, the evaluation of all the circumstances would lead it to refuse the order as a matter of discretion. It was settled law that it was sufficient to pass through the gateway under CPR 25.13(2)(g) that the defendant had identified

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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