News in brief – 03.08.2017

Time to vote

As reported last week, the withdrawal of one of the nominees for the vacancy on the ACL Council means it is necessary to run a new election to elect either Claire Green or Oliver Horsepool. Members should have received their new ballot papers via email. Voting closes at 5pm on Friday 11 August. Votes received in the recent election will not be counted. For any queries, email


Jackson to headline National Conference

You’ve read all about his report this week and now Costs Lawyers will get to hear him explain his thinking as Lord Justice Jackson will make the keynote speech at the ACL’s National Conference. It will take place on Friday 20 and Saturday 21 October 2017 at the Park Plaza London Riverbank Hotel.

 Bookings are not yet being taken, but details will be on the website once more speakers are confirmed.


Court makes non-party costs order against controlling mind of case

It was appropriate for a non-party costs order to be granted against a third-party parent company in unsuccessful proceedings brought by its wholly-owned subsidiary against two of its lenders, the High Court has ruled.

 According to a report on Lawtel of Tablet Investments (Guernsey) Ltd v Brahma Finance (BVI), Clive Freedman QC, sitting as a deputy High Court judge, ruled that the third party had funded the proceedings, had control over them and pursued them for its benefit, including deferring the payment of a debt from one of the companies within its business group to the subsidiary, the payment of which would have otherwise enabled the subsidiary to repay lenders.

 The report said the judge placed “no real weight” on to the third party’s argument that the defendants had not put it on notice during the litigation that they would seek costs against it. “Its relationship with the claimant was such that it was fully appraised of the litigation and there was no evidence that such knowledge would have changed the third party’s conduct.”


Summer break

Exhausted by reading the latest Jackson report, we will be taking a short break. The next newsletter will be in a fortnight.

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Costs News
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03 Aug 2017

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