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10 May 2013
Issue: 7559 / Categories: Case law , Law digest , In Court
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Costs

Heron v TNT (UK) Ltd and another [2013] EWCA Civ 469, [2013] All ER (D) 28 (May)

It was settled law that a non-party costs order could be made against legal representatives, but that, in every case, such an order was exceptional. Generally speaking, the discretion would not be exercised against “pure funders”. However, where a non-party not merely funded the proceedings, but substantially also controlled or at any rate was to benefit from them, justice would ordinarily require that, if the proceedings failed, he would pay the successful party’s costs. The non-party in those cases was not so much facilitating access to justice by the party funded, as himself gaining access to justice for his own purposes, and he himself was “the real party” to the litigation. A solicitor was entitled to act on a conditional fee agreement for the impecunious client who it knew or suspected would not be able to pay its own, or the other side’s costs, if unsuccessful. As far as the other side was concerned, whether the solicitor had negligently failed to obtain after the event insurance to protect his client did

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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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