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Civil way: 4 October 2019

03 October 2019
Issue: 7858 / Categories: Features , Procedure & practice , Civil way
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Vindication rules, OK!; silence: out of court; silence: in form E; service charge costs escape

PART 36: GOOD FOR REPUTATION

Where the claimant’s sole motive for their CPR Pt 36 offer was to be vindicated, that could still earn them their costs. In Ashley v Chief Constable of Sussex [2008] UKHL 25, [2008] All ER (D) 326 (Apr), it had been held that a public acknowledgment that the claimant had suffered a wrong might play as an important role as an award of damages. And now along comes MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB), [2019] All ER (D) 42 (Sep) in which McGowan J declared that, as a matter of principle, the implications of costs should never overwhelm the issue at the centre of litigation. Worth writing out on the insides of your eyelids for advocacy of the future.

MR had alleged false imprisonment and assault, allied to a police arrest. The final Pt 36 of a series contributed to by both sides came from the claimant

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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