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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Costs

F&C Alternative Investments (Holdings) Ltd and others v Barthelemy and another [2012] EWCA Civ 843, [2012] All ER (D) 145 (Jun)

The costs regime of CPR 36.14 represented a departure from otherwise established costs practice. It had imposed a deliberately swingeing costs sanction on a claimant who had failed at trial to beat a defendant’s CPR Pt 36 offer. There was no reason or justification for indirectly extending the requirements of CPR Pt 36 beyond its expressed ambit. Intended CPR Pt 36 offers had to be very carefully drafted so as to comply with the requirements of CPR Pt 36. CPR Pt 36 was to be regarded as self-contained, and it was not open to the parties or the courts to look for asserted glitches or asserted omissions so as to bring a case indirectly within the reach of CPR Pt 36 when it could not directly be so brought in.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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