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Part 36 and Payments on Account

In Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch) Mr Justice Birss, on Appeal from the Order of District Judge Kelly, considered the question of whether or not the Court had the power to order a payment on account of costs where a Part 36 offer had been accepted under Rule…

A CASE STUDY IN BREACH, FAILURE AND THE CONSEQUENCE THEREOF

BMCE Bank International PLC v Phoenix Commodities PVT LTD & Anor [2018] EWHC 3380(Comm)   There is an abundance of caselaw reiterating time and time again how a party should act when there is a failure to comply with Rules, Practice Directions or Orders of the Court. Nevertheless, there remain occasions when a party has,…

CFA Success Fees in Defamation and Privacy Claims – A Worrying Forecast for 2019

On 29th November 2018, David Gaulke, Justice Secretary, announced within the House of Commons from 6th April 2019, conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims. At MRN we have experience dealing with such cost claims deriving out of media law, and much like the…

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