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29 May 2008 / Dr M Friston P Hughes Prof A Mcgee , M Smith
Issue: 7323 / Categories: Features , Costs
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Costs Law Brief

Carver v BAA Plc [2008] EWCA Civ 412, [2008] All ER (D) 295 (Apr)

DISPUTES OF PRINCIPLE

There has always been a problem when a party to litigation has refused to accept a “without prejudice save as to costs” offer made by the other side but narrowly beats it at a contested hearing. Arguments about the effect of CPR 36 or (if the offer is made in detailed assessment proceedings) CPR 47.18 and 19 follow, usually with each side claiming entitlement to the costs.
Naturally, the offeree will argue that the rules should be strict and that to exceed the offer even by a narrow margin justifies proceeding to court. The offeror will argue that the margin by which the offer has been beaten is plainly a waste of the (often very significant) costs expended to achieve that result. The resolution of such a dispute of principle is of huge significance.
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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
The European Council has postponed the EU-UK summit, where discussions on a youth mobility scheme and other issues had been due to take place, due to Prime Minister Keir Starmer’s resignation
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