It has been the position for some time (Dunnet v Railtrack in 2002) that a party who is successful at trial or appeal (and would therefore normally be entitled to expect to receive its costs from the other side), may be at risk of not being awarded some, or all, of those costs, if they [...]
[click here read more]Posted: February 26th, 2008 under Dispute Management.
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The Court of Appeal’s decision in the matter of Gaston Siborurema v (1) Office of the Independent Adjudicator (“OIA”) (2) London South Bank University (“LSBU”) [2007] EWCA Civ 1365 has provided clarity on two important issues concerning the OIA and, by extension, Higher Education Institutions (“HEIs”).
Although dealt with in the Court of Appeal Mr [...]
Posted: February 26th, 2008 under Dispute Management.
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The decision of the Court of Appeal in Aerospace Publishing Ltd -v- Thames Water Utilities Ltd [2007] EWCA Civ 3 has provided helpful clarification as to the recoverability of the costs of management and staff time in litigation and the requirements to be met to do so. Key requirements to be proved are that a) [...]
[click here read more]Posted: July 4th, 2007 under Dispute Management.
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In 2006 the electrical retailer Powerhouse proposed a controversial ‘corporate voluntary arrangement’ (CVA) which would allow the closure of its loss making stores but to keep open its profitable ones. Powerhouse hoped to pay a fraction of the rent due to its landlords for the loss making stores which were to be closed. The proposal [...]
[click here read more]Posted: July 4th, 2007 under Dispute Management.
Comments: none