header-logo header-logo

04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
printer mail-detail

Costs

Deutsche Bank AG v Sebastian Holdings Incorporated and another [2014] EWHC 2073 (Comm), [2014] All ER (D) 209 (Jun)

With respect to lis alibi pendens, it was plain from a number of authorities that an application under s 51 of the Senior Courts Act 1981 did not involve the assertion of a cause of action, but was a request for the exercise by the English court of a statutory discretion in relation to proceedings in which the court already had jurisdiction and had usually already given judgment against a party subject to that jurisdiction. No court in any other jurisdiction could exercise that discretion. Further, the immunity of a witness did not prevent his evidence being used to establish liability for costs in a s 51 application, as such use was an exception to the general principle. 

 

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll