header-logo header-logo

Civil way: 4 October 2019

03 October 2019
Issue: 7858 / Categories: Features , Procedure & practice , Civil way
printer mail-detail
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll