header-logo header-logo

04 November 2016
Issue: 7721 / Categories: Case law , Law digest , In Court
printer mail-detail

Costs

Premier Motorauctions Ltd (in liquidation) and another v Pricewaterhousecoopers LLP and another [2016] EWHC 2610 (Ch), [2016] All ER (D) 154 (Oct)

The Chancery Division, in dismissing the defendants’ application for security of costs in respect of proceedings brought by the claimant insolvent companies, held that where there was an after the event (ATE) insurance policy in place, the question, under CPR 25.13, was simply whether there was reason to believe that the insurer would not pay under the policy when called upon to do so. In the present case, the claimants had obtained ATE insurance policies and the defendants had failed to satisfy the court that there was reason to believe that they would be unable to pay the defendants’ costs already incurred and of the initial stages of the proceedings if ordered to do so. Accordingly, the jurisdictional threshold under CPR 25.13 had not been crossed.

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

Taylor Rose—Jessica Draganescu & Emily Hewlett

Taylor Rose—Jessica Draganescu & Emily Hewlett

Firm strengthens growth strategy and group litigation capability with senior hires

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
back-to-top-scroll