Summary The principle expressed in Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd [2008] EWHC 2280 (TCC), 122 Con. L.R. 88, namely that a costs penalty might be appropriate where one party made a Part 36 offer which was nearly sufficient and the other party rejected that offer outright without any attempt to...

Summary An Italian public authority's delay in applying to set aside a default judgment granting declaratory relief to two banks was sufficient in itself to justify refusing its applications. Further, the authority had disclosed no sound basis for why summary judgment should not be granted in favour of the banks...

Summary A notice to operate a break clause in a lease was not expressed to be given under the Landlord and Tenant Act 1954 s.24(2) as required by the terms of the lease, but the notice was not invalidated by the failure to state that it was given under s.24(2). Facts...

Summary The continuation of a worldwide freezing order was refused where claims of wrongdoing were barred by the no reflective loss principle and a proprietary injunction was similarly refused as its invasive nature was not justified given that the strength of the claim was borderline. Facts The applicants (S) applied...

Summary A master had erred in not considering the practical effect of his refusal of permission to parties seeking to rely on a new expert where the initial expert had expressed an unwillingness to continue. The fact that that expert was no longer willing to act, and that one side...

Summary The circumstances in which a contemnor should not be heard by the court were not confined to cases in which the contemnor was bringing an application. It could also extend to cases in which the contemnor was a respondent to another party's application. Accordingly, the court refused to hear...

Summary In awarding costs under the Arbitration Act 1996 s.61, an arbitrator was not under obliged to compare a Calderbank offer with a valuation under the Landlord and Tenant Act 1954 s.34 as of the date of the offer, but rather retained a broad discretion to award costs under s.61 which was...

Summary On an application by administrators for directions the court gave permission to appeal to the Court of Appeal on the issue of the extent to which rent and service charges falling due both before and after the appointment of administrators were to be treated as expenses of the administration....