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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll