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14 December 2012
Issue: 7542 / Categories: Case law , Law digest , In Court
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Costs

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and other companies [2012] EWHC 3318 (Pat), [2012] All ER (D) 08 (Dec)

It was settled law that the proper approach should normally be to adjourn the question of costs pending the resolution of all the issues including damages, at which stage the quantum of the Pt 36 offer could be revealed and the discretion in relation to costs exercised in the knowledge of it. Pursuant to CPR 44.3(4)(c), the court was under an obligation to have regard to offers. The obligation to have regard to offers applied at the time the discretion in relation to the relevant costs was exercised. There had to be a very strong presumption that the court should be able to deal with all outstanding issues including costs at the end of a trial. The modern tendency to make costs orders as a case progressed, did not do away with the need for all remaining costs to be dealt with at the end of the trial. The court had to be satisfied that a strong reason existed if it was to take a different

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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