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13 June 2019
Issue: 7844 / Categories: Features , Procedure & practice , Civil way
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Civil way: 14 June 2019

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.

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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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