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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

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

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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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