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Weekly law digests

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25 July 2019
Issue: 7850 / Categories: Case law , In Court , Law digest
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Costs

Ardawa v Uppal and another [2019] EWHC 1663 (Ch), [2019] All ER (D) 84 (Jul)

The Chancery Division considered the issue of costs after the appellant trustee made a largely unsuccessful application in bankruptcy proceedings. It held that, among other things, it could summarily assess the costs in the case. The first respondent petitioning creditor would have the costs she could recover reduced, to take into account her conduct and certain aspects of her claim. The fact that the second respondent trustee’s costs of legal proceedings were payable out of the estate determined the source from which the fund would come. It did not remove the normal role of the court regarding the costs of legal proceedings conducted before it.

Disclosure & inspection of documents

Hotel Portfolio II UK Ltd (in liquidation) v SMA Investment Holdings Ltd (a company incorporated in the Marshall Islands) and others [2019] EWHC 1754 (Comm), [2019] All ER (D) 66 (Jul)

The applicant company’s application for a declaration that it was entitled to disclose certain documents in its

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NEWS
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NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
NLJ this week: How not to plead a schedule of loss
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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