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14 July 2023
Issue: 8033 / Categories: Case law , In Court , Law digest
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Law digests: 14 July 2023

Costs

Tabbitt v Clark [2023] EWCA Civ 744, [2023] All ER (D) 107 (Jun)

The Court of Appeal, Civil Division, dismissed the appellant’s appeal from a decision which had declined to include in the order giving effect to the acceptance of the Part 36 offer on the basis of the rules as they stood at the time. The appellant was involved in a road traffic accident and sought damages against the respondent. He then accepted a Part 36 offer by the respondent. Since the costs had not been assessed or agreed, there was at the date of the judge’s judgment no immediate prospect of enforcement of any costs order against the appellant. At the time of the judge’s judgment, changes to the qualified one-way costs shifting (QOCS) rules were under active consideration by the Civil Procedure Rules Committee (CPRC). The appellant wished to guard the possibility of a future rule change with potential retrospective effect. He argued that: (i) the QOCS rules were so tightly drawn that they had compelled

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

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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