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28 July 2023
Issue: 8035 / Categories: Case law , In Court , Law digest
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Law digests: 28 July 2023

Costs

Woodgate v Woodgate [2023] EWHC 1640 (Ch), [2023] All ER (D) 52 (Jul)

The Chancery Division dismissed the claimant’s application for additional relief under CPR Pt 36 if it was subsequently established that the defendant (R) had failed to beat the CPR Pt 36 offer. The claimant (P) and R were brothers. P was granted, as sought, R’s removal as representative of their mother’s estate, the appointment of an independent administrator, and an account by way of CPR Pt 8. R was also ordered to provide an inventory and account of his administration of both estates. P and R agreed to an order reflecting the ruling of the court where R would pay P’s costs, such costs being subject to detailed assessment on the standard basis if not agreed. P brought the present application for additional relief on the basis that a valid CPR Pt 36 offer did not have to reflect an available outcome of litigation. The court held that P’s offer was not properly a CPR Pt 36

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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