David John Mitchell (aka David John) v R Court of Appeal Criminal Division [2023] EWCA Crim 42421 Apr 2023Neutral Citation Number: [2023] EWCA Crim 424Case No: 202201206 B1 IN THE COURT OF APPEAL (CRIMINAL DIVISION) ON APPEAL FROM THE CROWN COURT AT BIRMINGHAM HER HONOUR JUDGE KRISTINA MONTGOMERY KC Indictment No. T20170537 Royal Courts of Justice Strand, London, WC2A 2LL21/4/2023 […]

The court must deal with the case “justly”, as an expression of the overriding objective. I judge that it would be unjust and disproportionate to order the defendant to pay indemnity costs in this case. The plain fact is that it sought to contest the claim on a number of shifting bases, but those forensic repositionings did not, to my mind, amount to unreasonable conduct or conduct out of the norm.

The Claimant in these proceedings (and the Claimant in the arbitral proceedings under appeal), Cipla Limited (“Cipla”), applies under section 68 of the Arbitration Act 1996 (the “1996 Act”) for an Order remitting a Partial Award on Outstanding Issues of Liability dated 3 May 2022 (the “Award”) made by the Rt. Hon. Lord Neuberger of Abbotsbury (the “Tribunal”) in an arbitration conducted under the LCIA Rules 2014 on the ground of a failure by the Tribunal to comply with its duty under section 33 of the 1996 Act, which constitutes a “serious irregularity” affecting the Award under section 68(2)(a) of the 1996 Act.

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