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23 June 2011
Issue: 7571 / Categories: Case law , Law reports , In Court
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Costs—Order for costs—Discretion

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd and another [2013] EWHC 2227 (TCC), [2013] All ER (D) 303 (Jul)

Queen’s Bench Division, Technology and Construction Court, Mr Justice Ramsey, 24 Jul 2013

The principle in para 72(vii) of Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd [2008] All ER (D) 04 (Oct) (Multiplex), namely that “if (a) one party makes an offer under Pt 36 or an admissible offer within r 44.3(4)(c) which is nearly but not quite sufficient, and (b) the other party rejects that offer outright without any attempt to negotiate, then it might be appropriate to penalise the second party in costs” no longer applies to CPR Pt 36 and should not be applied as a special “near miss” rule through CPR 44.2(4)(c). If there was an unreasonable refusal to negotiate then that was a matter which came within the circumstances which the court could take into account under CPR 44.2(4) and sub-para (a) in particular. 

Judith Jackson QC (instructed by Thomas Eggar LLP) for claimant. Nicholas

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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