Summary The court illustrated its approach to the determination of costs in a multi-party action raising multiple issues and sub-issues, in which all parties had been both winners and losers. Areas of focus included how to treat the costs of discontinuing a small strand of one issue; entitlement to recovery...

Summary A property valuer's application for specific disclosure in a negligence action brought against it by a mortgagee was refused where the documents sought added nothing to its defence that the claim was champertous. Facts The applicant property valuer (J) applied for specific disclosure from the respondent mortgagee (W) in...

Summary An order for service of a claim out of the jurisdiction was set aside where the claimants failed to demonstrate that their claim for breach of an alleged oral contract had a real prospect of success. In cases concerning oral contracts the court expected the claimant to adduce evidence...

Re Bowen Travel Ltd [2012] All ER (D) 63 (Dec): Application for Administration Order (Chancery Division Birmingham DR) in respect of a travel company.

Summary Where claimants had been granted an interim injunction and the defendant's applications for strike out and summary judgment had been dismissed, it was appropriate to depart from the general approach to costs to reflect the nature, degree and circumstances of the claimants' success. Facts The court dealt with matters...

Summary Where the conduct of the sale of a property pursuant to a consent order had passed from the wife of a bankrupt to his trustee in bankruptcy, the trustee was entitled, on the correct interpretation of the consent order, to a smaller amount from the proceeds of sale. Facts...

Summary Where an appellant had begun a “missing trader fraud” appeal in the VAT and Duties Tribunal and had agreed that costs should be in the cause following the transfer of that appeal to the First-tier Tribunal, it could be concluded that it had hoped to recover its costs if...

Summary A lender had not been estopped from appointing administrators under its floating charge over a borrower's assets where the borrower had failed to show that the lender had made a clear and unequivocal statement, to be inferred from letters and negotiations, that it would not call in its loan...