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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

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
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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