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Law digests: 28 July 2023

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

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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