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19 October 2012 / James Sharpe
Issue: 7534 / Categories: Features , Costs
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A waiting game

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James Sharpe provides an update on costs protection & protected parties

The recent decision of the Court of Appeal in SG v Hewitt [2012] EWCA Civ 1053, [2012] All ER (D) 16 (Aug) is an instance where the court departed from the normal costs rule in CPR 36.10(5) whereby the party accepting a Pt 36 offer after the 21-day period for its acceptance must bear his and the other party’s costs incurred subsequently.

In March 2003, the claimant was injured at age six in a road traffic accident. He sustained facial scarring and a severe head injury with damage to the frontal lobes of the brain. Medical evidence was obtained with a view to quantifying the claim, but the experts felt unable to predict the impact of the injury until the claimant matured. On 2 April 2009, the defendant made a pre-action CPR Pt 36 offer in the sum of £500,000 by way of full and final settlement of the claimant’s claim. Following this,

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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