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A waiting game

19 October 2012 / James Sharpe
Issue: 7534 / Categories: Features , Costs
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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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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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