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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

Freeths—Heather Gibson

Freeths—Heather Gibson

Freeths strengthens national tax team with Heather Gibson appointment

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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