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Costs

18 October 2013
Issue: 7580 / Categories: Case law , Law digest , In Court
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Michael and another v Middleton and another [2013] All ER (D) 124 (Oct)

The new CPR 3.9 was in force from 1 April 2013. The new rule required that the court considered all the circumstances of the case so as to enable it to deal justly with the application, including the need (a) for litigation to be conducted efficiently and at proportionate cost and (b) to enforce compliance with the Rules, Practice Directions and orders of the court. The new rule applied in respect of any application made on or after 1 April 2013, which was the date on which the amended rule came into force which applied in its opening words “on any application for relief from any sanction imposed”. In a case of non-compliance with an unless order a party would be required to show a material change of circumstances in order to obtain relief from sanctions. Although the checklist of relevant considerations in the old rule 3.9 had been removed, they nonetheless represented matters which continued to be relevant as considerations for the court in making

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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