header-logo header-logo

Costs

14 December 2012
Issue: 7542 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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

back-to-top-scroll