header-logo header-logo

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

Civil way: 4 October 2019

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

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
back-to-top-scroll