Costs

Elsevier Ltd v Munro [2014] EWHC 2728 (QB), [2014] All ER (D) 07 (Aug)

CPR 36.14(d) was introduced because, under the previous regime, the claimant was insufficiently rewarded and the defendant insufficiently penalised when the claimant had made an adequate offer. The language of the sub-paragraph directed attention to the time at which the court was deciding whether to order payment of an additional amount and that “the claim” meant the claim in respect of which the court had given the judgment which was more advantageous than the offer.

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MOVERS & SHAKERS

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Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS

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NLJ this week: Short lets & sharp covenants

Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes

NLJ this week: Justice at the algorithm’s edge

Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing

NLJ this week: When ‘milk’ really means milk

The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans

NLJ this week: Civil practice with claws & caution

From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit

NLJ this week: Stealing virtual gold?

Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’

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Costs

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Asserson—Michael Francos-Downs

McCarthy Denning—Harvey Knight & Martin Sandler