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Civil Way: 11 December 2020

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
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