header-logo header-logo

Costs

04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
printer mail-detail

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. 

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll