Pakistan International Airline Corp v Times Travel (UK) Ltd, released earlier today, is the first time that the Supreme Court has considered the doctrine of economic duress. The court’s judgment is admirably clear, but many will find it disappointingly conservative.
There have been a number of recent cases on whether costs should be reserved following an interim injunction granted on the balance of convenience.
The starting point is that, absent special circumstances, costs will normally be reserved, as at that stage, there is no winner or loser, and the purpose of an interlocutory injunction is normally to hold the ring until trial.
The Disclosure Pilot Scheme (DPS), introduced on 1 January 2019, pursuant to Practice Direction (PD) 51U of the Civil Procedure Rules, is now some two and a half years old. Revisions were introduced on 6 April 2021.
