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22 July 2010 / Karen O’Sullivan
Issue: 7427 / Categories: Features , LexisPSL
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Winning at what cost?

Karen O’Sullivan on the lessons to be learned from two important appeals

Where are we now when it comes to costs awards following Pt 36 offers, especially those that are almost or only just beaten? The Court of Appeal re-visited Carver v BAA [2008] EWCA Civ 412, [2008] All ER (D) 295 for the first time, in two appeals heard together: Gibbon v Manchester City Council and LG Blower v Reeves [2010] EWCA Civ 726, [2010] All ER (D) 218 (Jun).
Although still binding, Carver did not come out of the judgment well. Only Gibbon was a personal injury claim but both cases have useful lessons to teach us.

Part 36 means what it says: follow the rules

Although CPR Pt 36 is an entirely optional method of resolving disputes, it is a self-contained code that must be followed if parties want the benefits it confers. While it draws plenty of inspiration from common law contract rules, it does not incorporate those rules.

The Court of Appeal said you should not have to

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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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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
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