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12 September 2013
Issue: 7575 / Categories: Case law , Law digest , Costs
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Costs

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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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