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Law digests: 14 July 2023

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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