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10 December 2020
Issue: 7914 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 11 December 2020

Pt 36 is juicy: official; New debt moratoria; Waking up to a mistake; Beware whiplash reforms; Prepare for higher court fees

ALL OR NOTHING

A judgment which beats a Pt 36 offer bears four juicy fruits, unless that would be unjust. In Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374, [2020] All ER (D) 55 (Nov), the mobile network operating claimant seeking restitution of annual licence fees paid to Ofcom had made a pre-action Pt 36 offer for a cool £52.82m principal as against a judgment for over £54m, in which interest also figured. The judge awarded two of the fruits, to wit indemnity costs from 21 days after the offer and an additional amount at the capped £75,000. However, he decided against the other two enhancements of interest on the principal and the costs (above the agreed commercial rate of 2% over base) which cannot exceed 10% above base. In relation to enhanced interest on the principal award and the judge’s reasoning that such an award would have

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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