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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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