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Civil way: 14 June 2019

13 June 2019
Issue: 7844 / Categories: Features , Procedure & practice , Civil way
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Family misconduct; ‘Best Endeavours’ breach; High Court: keep out; tribunals ready on tenant fees; new Act for the missing

PEANUTS ROASTED

The FPR PD28A on costs has been amended (see ‘Civil way’, NLJ 31 May 2019, p16) as from 27 May 2019, to the accompaniment of a blast of silence. An extended para 4.4 provides that when considering whether to depart from the general no-costs rule in financial remedy proceedings, the court will take a broad view of conduct—bear with me, it gets more exciting—and will generally conclude that to refuse openly to negotiate reasonably and responsibly will amount to conduct in respect of which the court will consider making an order for costs. In a ‘needs’ case, this will include the applicant unreasonably litigating with the result that the costs incurred by each party have become disproportionate to the award made by the court. And where an order for costs is made at an interim stage (see FPR 28.3(6)), the court will not usually allow any resulting liability to

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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