- April 13, 2021
The winner takes it all? Court of Appeal overturns “no order as to costs” in favour of “clear winner”
In Global Energy Horizons Corporation v Gray [2021] EWCA Civ 123, the Court of Appeal demonstrated the circumstances in which an appellate court will overturn costs decisions made by judges below. Disputes over who is substantially the winner at the end of litigation are not uncommon and judges regularly exercise their discretion, under CPR 44, … Continue reading The winner takes it all? Court of Appeal overturns “no order as to costs” in favour of “clear winner” →
- September 23, 2020
Jockeying for position: determining forum conveniens
In Traxys Europe SA v Sodexmines Nigeria Limited and Basem El Ali, Teare J provided helpful guidance on how the court will balance the burden of proof and assess the usual competing factors when determining the forum conveniens for a claim. The court also considered how exclusive jurisdiction clauses may apply to a contracting party’s … Continue reading Jockeying for position: determining forum conveniens →
