The mortgagee does not usually require an order for costs since he is entitled to add his costs to the security1. He may, however, wish to seek an order for costs if, for example, the security is inadequate or the mortgagor has obtained an order for costs against him: the court has a statutory discretion to award costs as between the parties to proceedings2. A mortgagee also has the right in equity to reimbursement from the security of his costs, reasonably and properly incurred, of proceedings between himself and the mortgagor or his surety3. The mortgage deed also usually
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Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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