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Costs

12 September 2013
Issue: 7575 / Categories: Case law , Law digest , Costs
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Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)

It was well established that, where an application was made of any kind, there had to be open, honest, and full disclosure of material facts so that a judge or master might make an informed decision. That was of enhanced importance when an application was made on an ex parte basis. Further, CPR 47.9(2) was of pellucid clarity. The period for serving the points of dispute was 21 days. There was no provision for extension within the rule itself. However, it was open to a party to apply under CPR 3.1(2) to extend the 21-day time limit for serving points of dispute, and such an application could be made after that period had expired. If a party did not comply with a time limit by reason of a rule of court, the party had to apply for relief from sanction and an extension of time, providing always there was a sanction

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MOVERS & SHAKERS

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

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James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
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