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Civil way: 14 June 2019

13 June 2019
Issue: 7844 / Categories: Features , Procedure & practice , Civil way
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Family misconduct; ‘Best Endeavours’ breach; High Court: keep out; tribunals ready on tenant fees; new Act for the missing

PEANUTS ROASTED

The FPR PD28A on costs has been amended (see ‘Civil way’, NLJ 31 May 2019, p16) as from 27 May 2019, to the accompaniment of a blast of silence. An extended para 4.4 provides that when considering whether to depart from the general no-costs rule in financial remedy proceedings, the court will take a broad view of conduct—bear with me, it gets more exciting—and will generally conclude that to refuse openly to negotiate reasonably and responsibly will amount to conduct in respect of which the court will consider making an order for costs. In a ‘needs’ case, this will include the applicant unreasonably litigating with the result that the costs incurred by each party have become disproportionate to the award made by the court. And where an order for costs is made at an interim stage (see FPR 28.3(6)), the court will not usually allow any resulting liability to be reckoned as a debt in the computation of assets.

Whether

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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