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The Court of Appeal has given useful guidance on the issue of interim costs awards pending a final outcome of a large trade mark litigation matter, as part of the ongoing litigation between Specsavers v Asda.
The court felt it was appropriate (despite Asda arguing costs should be reserved pending the outcome of its application for permission to appeal to the Supreme Court) that although costs had not yet been formally assessed, Specsavers be awarded their costs, subject to a substantial discount to reflect the issues upon which it had lost as the court had already made a final determination of all issues concerning liability; except those specific issues referred to the Court of Justice of the European Union, for which costs must be reserved.
This pragmatic decision confirms that successful parties in a case should not have to wait unduly for their costs; however a win overall does not guarantee an award of costs for those specific issues they have been unsuccessful on.
In 2016, Lord Justice Briggs set out his proposals for restructuring the civil courts and tribunals in England and Wales. The vision for modernising court services and creating the “Online Court” has seen the introduction of online platforms for civil claims in recent years but progress has been described as slow.
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Part 36 offers in litigation are used tactically to make a settlement offer while simultaneously placing the other side on risk of not ‘beating’ that offer at trial.
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 is due to come into force on 4 May 2021. It’s a snappy title but what exactly is it?
With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.
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