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Costs

02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWHC 2003 (TCC)

(i) Where cases are settled, it will normally not be possible to say that one or other party has been successful, and so in those cases the order will be no order as to costs; the court should not depart from the normal order unless it is in a clear position to do so on a proper basis of agreed or determined facts which enable the court to decide what other order should be made.

(ii) Rule 44.4(1)(b) permits a court to award indemnity costs where the facts of the case and/or the conduct of the parties was such as to take the case out of the norm; before such an order can be made there should normally be a significant level of unreasonableness or otherwise inappropriate conduct in that party’s pre-litigation dealings with the successful party or in relation to the institution and conduct of the litigation.

(iii) Part 44.3(5)(d) applies where a party has exaggerated his claim and is relevant where the exaggeration prevented settlement of the dispute at an early stage.

Issue: 7339 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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