header-logo header-logo

Home Login E-newsletter About us
29 July 2010 / Matthew Caton , Clare Arthurs
Issue: 7428 / Categories: Features , Procedure & practice , CPR
printer mail-detail

Satellite litigation

© Copyright LexisNexis 2026. All Rights Reserved.

Has Part 36 spawned its own cottage industry? Matthew Caton & Clare Arthurs report

In the joined appeal of Gibbon v Manchester City Council, the Court of Appeal addressed Part 36 issues arising from two county court judgments (Gibbon v Manchester City Council; LG Blower Specialist Bricklayer Ltd v Reeves and another [2010] EWCA Civ 726, [2010] All ER (D) 218 (Jun)). The Court of Appeal panel was authoritative, comprising LJ Moore-Bick, LJ Carnwath, and Sir Anthony May (president of the Queen’s Bench Division). From 1 January 2007, LJ Moore-Bick was a member of the Civil Procedure Rule Committee that drafted the current version of Part 36, which came into force on 6 April 2007 with the 44th CPR Update.

Part 36 is a self-contained code

A brief overview of the background in Gibbon demonstrates how intransigence over a relatively nominal amount of money can lead to an expensive and unnecessary costs order for three levels of proceedings, not to mention immortality in Part 36 case law. In Gibbon, Mrs Gibbon

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Read All
NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
NLJ this week: CILEX warns Mazur ruling must spark reform
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
NLJ this week: Conditional job offers carry hidden risks for employers
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
NLJ this week: Diamond rings and broken promises

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

NLJ this week: The battle over medical report fees intensifies
Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
Copyright © 2026 LexisNexis
back-to-top-scroll