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21 July 2011
Issue: 7475 / Categories: Case law , Law digest , In Court
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Costs

Howell and others v Lees-Millais and others [2011] EWCA Civ 786, [2011] All ER (D) 48 (Jul)

The overriding objective suggested that particularly where parties had treated offers as having been made under Pt 36 and the offerors could not have framed their offer so as to fall within the ambit of Pt 36, and the offer which was expressed to be a Pt 36 offer and otherwise appeared to comply with the requirements of Pt 36, should, in the absence of good reason to the contrary, be given substantially the same effect as a Pt 36 offer, when it came to deciding costs issues. Where a Pt 36 offer was accepted “after the expiry of the relevant period”, the costs, “unless the court orders otherwise”, should be paid by the offeror up to the expiry date of the relevant period, and by the offeree from that date until the date of acceptance.

Shovelar and others v Lane and others [2011] EWCA Civ 802, [2011] All ER (D) 111 (Jul)

In a chancery action for a declaration

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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