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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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