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19 February 2009
Issue: 7357 / Categories: Case law , Legal services , Profession
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Harrison v Harrison [2009] All ER (D) 61 (Feb)

Legal Profession

Wasted costs orders (under s 51(6) of the Supreme Court Act 1981) are remedies of last resort. The legal representative  should not be called on to reply unless an apparently strong prima facie case has been made against him. Where the responding lawyer is required to show cause why an order should not be made, the burden of proof does not shift away from the applicant, who must establish his case. Even where the court is satisfied as to conduct and causation, it has to consider whether to exercise the discretion to make the order and to what extent. Orders should only be made under s 51(6) where, and to the extent that, the conduct so characterised has been established as directly causative of wasted costs. Applications for wasted costs are usually best left until after the end of the trial.

Issue: 7357 / Categories: Case law , Legal services , Profession
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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
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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
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