header-logo header-logo

27 April 2016 / Emma Reynolds
Issue: 7699 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Sweet clarity for Part 36

nlj_7699_reynolds

Emma Reynolds discusses a warmly received decision

The recent Court of Appeal decision in Sugar Hut Group Limited and Ors v A J Insurance Service (a partnership) [2016] EWCA Civ 46, [2016] All ER (D) 51 (Feb) will have been warmly received by legal practitioners grappling with the convoluted construct of CPR Pt 36. The Court of Appeal, overturning the first instance decision, confirmed that in circumstances where the claimants were the overall successful party whose recovery had exceeded the defendants' Pt 36 offer by a comfortable margin, it was inappropriate to deprive the claimants of their costs in the case or to require them to pay the defendants' costs. The Court of Appeal further confirmed that the "near-miss" rule no longer exists, thereby quelling any concern that the first instance decision might be characterised as a retreat to the position set out in the controversial decision of Carver v BAA Plc [2008] EWCA Civ 412, [2008] All ER (D) 295 (Apr).

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll