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21 April 2021 / David Gray-Jones
Issue: 7929 / Categories: Features , Procedure & practice , Costs
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Interim injunctions: all costs reserved

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Do not be afraid to take a pragmatic, proportionate approach to injunction applications, says David Gray-Jones
  • In Digby v Melford Capital Partners, the Court of Appeal confirmed that costs in interim injunctions should be reserved, barring special circumstances which dictate otherwise.
  • The decision indicates that a litigant who takes a pragmatic approach to litigation by consenting to the making of an interim injunction will not be punished for this by having a costs order made against them.

In its recent judgment in Digby v Melford Capital Partners (Holdings) LLP and others [2020] EWCA Civ 1647, the Court of Appeal confirmed an important rule for costs in interim injunctions. In stating that normally costs should be reserved, it gave short shrift to the respondents’ submission that the authorities of Desquenne et Giral UK Ltd v Richardson [1999] Lexis Citation 21 and Picnic at Ascot v Derigs [2000] Lexis Citation 7527 no longer represent normal practice. It also rejected that the modern principle was ‘pay as you go’ in these

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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