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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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