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

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
back-to-top-scroll