Melody Ihuoma contributes to an article by Halima Dikko of LexisNexis on Stoffel v Grodona. Please click here to read the article in full. 

The latest case on solicitors deducting costs from damages in fixed costs cases is causing a stir, but Rob Marven QC and Ben Williams QC of 4 New Square argue that it is a decision on unusual facts, and that some key issues went unexplored.

Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.

Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020. Another year, another set of changes to the cost budgeting regime. The focus is on varying the budget – not only have the rules changed, there is a new precedent form to get to grips with, Precedent T.

Is it easier to get a costs order against a claimant’s litigation friend or a defendant’s litigation friend? And are there analogies to be drawn with the non-party costs or wasted costs jurisdictions? Paul Parker discusses the recent Court of Appeal decision in Glover v Barker (2020).