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02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Costs

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWHC 2003 (TCC)

(i) Where cases are settled, it will normally not be possible to say that one or other party has been successful, and so in those cases the order will be no order as to costs; the court should not depart from the normal order unless it is in a clear position to do so on a proper basis of agreed or determined facts which enable the court to decide what other order should be made.

(ii) Rule 44.4(1)(b) permits a court to award indemnity costs where the facts of the case and/or the conduct of the parties was such as to take the case out of the norm; before such an order can be made there should normally be a significant level of unreasonableness or otherwise inappropriate conduct in that party’s pre-litigation dealings with the successful party or in relation to the institution and conduct of the litigation.

(iii) Part 44.3(5)(d) applies where a party has exaggerated his claim and is relevant where the exaggeration prevented settlement of the dispute at an early stage.

Issue: 7339 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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