header-logo header-logo

13 November 2015
Issue: 7676 / Categories: Case law , Law digest , In Court
printer mail-detail

Costs

Harlequin Property (SVG) Ltd and another v Wilkins Kennedy (a firm) [2015] EWHC 3050 (TCC), [2015] All ER (D) 268 (Oct)

The Technology and Construction Court dismissed an application by the claimants, Caribbean property developer Harlequin and its operator, to vary an order for security for costs to take account of the claimants’ increased disbursements. It ruled that it had no power to do so where the parties had, following the court’s earlier judgment, amended an after-the-event (ATE) policy, which the claimants had offered as security, and had agreed to its terms. It would be wrong to establish a precedent that, if one part of the preparation exercise costed the claimants more than they expected, the defendant should be penalised by having the level of its own security reduced. Further, disclosure was ordered where the administration of justice, and the need to dispose fairly of the issues in the present highly contentious case, outweighed any public interest in the withholding certain documents generated by a Serious Fraud Office investigation.

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll