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13 November 2015
Issue: 7676 / Categories: Case law , Law digest , In Court
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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.

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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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