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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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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