Posts from Gatehouse Chambers

Flawed fraud and indemnity costs – La Cotte v Sovereign Steel Stockholders

Indemnity costs are always a hard fought battle, generally following hard won litigation. It is obvious why: the indemnity basis means a receiving party is not held to their approved budget and is therefore likely to recover significantly more than on the standard basis (Burgess v Lejonvarn, paragraphs 89 – 93).

Zavarco plc v Nasir: does the doctrine of merger apply to a declaratory judgment?

In Zavarco plc v Nasir, the £36million question was: does the doctrine of merger apply to a declaratory judgment? The Court of Appeal’s clear and unequivocal answer (merger “has no application at all to declarations”) would suggest that this was a simple point, however the experienced judges who grappled with the question in the lower … Continue reading Zavarco plc v Nasir: does the doctrine of merger apply to a declaratory judgment?

The Debt Respite Scheme, interim awards of costs and debarring orders

The recent judgment in Axnoller v Brake starkly illustrates some of the strengths and limitations of the new Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Debt Respite Scheme Regulations). It is also a timely reminder to parties with unsatisfied interim costs orders in their favour … Continue reading The Debt Respite Scheme, interim awards of costs and debarring orders

The Disclosure Pilot Scheme: where are we two and half years on?

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.