Arise CFO; QOCS in a mix; covenant breach test; Phoenix director hit; landlord’s charge struck down.
STILL OF INTEREST
Have mercy on us. They’ve upped the Court Funds Office interest rates again (see ‘Civil way’, NLJ, 14 October 2022, p16). As from 25 October 2022, the special account rate is increased from 1.75% to 2.25% and the basic account rate from 1.313% to 1.688%. No doubt, more to come. May the calculator be with you.
NOT THE BELSNER & KARATYSZ NEWS
Calm down you costaholics. There is no earthly reason why Belsner andKaratysz should hog the limelight. We have got a qualified one-way costs shifting (QOCS) case of the decade. Alright, the year. The Court of Appeal has just decided in Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 on the meaning of ‘proceedings’ in CPR 44.51. There, the claimant had brought a mixed claim, but the personal injury element was struck out as lacking reasonable grounds, with an order for costs against him assessed at £4,250 and no block on enforcement.