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10 May 2013
Issue: 7559 / Categories: Features , Civil way
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Civil way: 10 May 2013

Latest in Jacksonland, flexi tenants and the possibility of advance rent protection

JACKCHAT

And for now

New CPR 44.3(8) loves interim costs when the court orders detailed assessment. In Deutsche Bank v Khan and others [2013] EWHC 1020 (Comm), [2013] All ER (D) 205 (Apr) before Hamblin J the claimant receiving party asked for £2,743,000 which represented two thirds of what it was claiming discounted by 20%. The judge made an interim order for £2,100,000. Cool. The basis of assessment was ordered to be indemnity, the claimant relying on a facility agreement requiring an indemnity for “all costs”. It was held that this was equivalent to indemnity costs and that the clear weight of authority supported the proposition that such a provision meant the indemnity basis. The only authority to the contrary was Re Adelphi Hotel (Brighton) Ltd [1953] 1 WLR 8955 but Vaisey J there had not been followed in other cases.

Mediation conundrum

Mediation may be viewed as a little less attractive if it fails and the ultimate victor in court with a costs order in his favour is

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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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