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04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
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Costs

Deutsche Bank AG v Sebastian Holdings Incorporated and another [2014] EWHC 2073 (Comm), [2014] All ER (D) 209 (Jun)

With respect to lis alibi pendens, it was plain from a number of authorities that an application under s 51 of the Senior Courts Act 1981 did not involve the assertion of a cause of action, but was a request for the exercise by the English court of a statutory discretion in relation to proceedings in which the court already had jurisdiction and had usually already given judgment against a party subject to that jurisdiction. No court in any other jurisdiction could exercise that discretion. Further, the immunity of a witness did not prevent his evidence being used to establish liability for costs in a s 51 application, as such use was an exception to the general principle. 

 

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

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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