header-logo header-logo

19 October 2012 / James Sharpe
Issue: 7534 / Categories: Features , Costs
printer mail-detail

A waiting game

istock_000017086765large_4

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,

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll