News


CA bids to strengthen funding market with security for costs ruling

19 January 2021

A principle that a defendant receiving security for costs from a claimant’s litigation funder should not have to provide a cross-undertaking in damages will improve the funding market, the Court of Appeal has ruled.


Insurers under pressure to pay out after Supreme Court BI ruling

18 January 2021

Pressure is now on insurers to pay out to policyholders with business interruption insurance following Friday’s Supreme Court ruling, although there are still issues to be sorted out.


Court of Appeal: Solicitors can be paid on DBA termination

15 January 2021

The Court of Appeal has today saved damages-based agreements by ruling that they are not unenforceable if they provide that the client has to pay incurred costs and expenses on termination.


Court of Appeal overturns costs award made after interim injunction

14 January 2021

There is no “pay as you go” principle which overrides the general rule that the court should reserve the costs where an interim injunction is granted, appeal judges have ruled.


Court of Appeal: Expert was not under “fiduciary duty” to client

13 January 2021

The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client – but did not rule out the possibility it could exist.


Lukewarm response to guideline hourly rates reform

13 January 2021

Last week recommended changes to the guideline hourly rates – which it admitted were “modest” – have generated a lukewarm response from the profession.


Council provided “object lesson” in how not to respond to JR

12 January 2021

The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.


CJC group recommends “modest” increases in guideline hourly rates

8 January 2021

There should be a “modest” increases in the guideline hourly rates – ranging from 7% to 35% – with the highest band for heavyweight commercial work rather than any work carried out by a City law firm.


High Court grants girl anonymity in TikTok representative action

7 January 2021

A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.


Master orders deletion of screen shot from remote hearing

6 January 2021

A screen shot taken of a remote hearing must be deleted by anyone who has it, a master has ordered under a change introduced by last year’s Coronavirus Act.

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Blog

19 January 2021
Christian Smith

Pay as you go? Not quite

The Court of Appeal recently reaffirmed the statement of the general rule in the White Book that the costs of an application for an interim injunction will, absent any special factors, be reserved.

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