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Costs

14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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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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Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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