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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

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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