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Weekly law digests

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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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