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02 September 2011 / Stephen Gold
Issue: 7479 / Categories: Features , Civil way , Procedure & practice , CPR
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Civil way: 2 September 2011

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When asking whether a judgment is more advantageous than a CPR Pt 36 offer, the court should take into account all aspects of the case, including emotional distress.

CARVED UP

When asking whether a judgment is more advantageous than a CPR Pt 36 offer, the court should take into account all aspects of the case, including emotional distress. That was the much criticised decision of the Court of Appeal in Carver v BAA [2008] EWCA Civ 412, [2008] 3 All ER 911. It is reversed by the Civil Procedure (Amendment No 2) Rules 2011 (SI 2011/1979) for offers made after 30 September 2011. In relation to any money claim or money element of a claim, “more advantageous” is to mean better in money terms by any amount, however small.

TRIPLE WHAMMY

The story so far. The assured shorthold landlord can effectively protect the tenant’s deposit right up to the hearing of the tenant’s claim for the dreaded triple deposit penalty (though will almost certainly be clobbered for the tenant’s

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