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01 February 2013 / Julian Miller , Daniel Silver
Issue: 7546 / Categories: Features , Procedure & practice , Costs
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Group dynamics

Julian Miller & Dan Silver report on potential adverse costs liabilities in group litigation

The general rule in litigation is that all claimants and all defendants are jointly and severally liable for all costs awarded against them (see, eg, Stumm v Dickson (1889) 22 QBD 529). However, in Ward v Guiness Mahon [1996] 1 WLR 894, the Court of Appeal held that the claimants’ liability for adverse common costs should be several and not joint. The judge in Andrew Brown & Others v InnovatorOne Plc [ 2012] EWHC 1321 (Comm) litigation had to consider the applicability and relevance of the Ward decision to a modern action by a group of investors in the context of a very different litigation landscape.

Ward concerned an action by investors against the sponsor of a prospectus seeking subscriptions for shares issued by certain retail companies. The investors’ claims failed and a costs order was made against the lead plaintiffs on a joint and several basis.

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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