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“Same interest” requirement in CPR 19.6(1) not satisfied (High Court)
The High Court (Stuart-Smith J) held that the claimants in a representative action did not satisfy the "same interest" requirement under CPR 19.6(1) and struck out the representative elements of the proceedings, leaving only the personal claims of the two lead claimants. In so doing, it summarised …
Need to balance parties’ competing proprietary claims in fraud litigation results in limited payment out for defendants’ legal fees (Commercial Court)
In fraud litigation where both the claimant (C) and certain defendants (D) claimed a proprietary interest in monies held in court, the Commercial Court has allowed D a limited payment out for legal fees. The judgment illustrates that the court will not allow a defendant's fee arrangements to dictate …
