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10 December 2020
Issue: 7914 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 11 December 2020

Pt 36 is juicy: official; New debt moratoria; Waking up to a mistake; Beware whiplash reforms; Prepare for higher court fees

ALL OR NOTHING

A judgment which beats a Pt 36 offer bears four juicy fruits, unless that would be unjust. In Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374, [2020] All ER (D) 55 (Nov), the mobile network operating claimant seeking restitution of annual licence fees paid to Ofcom had made a pre-action Pt 36 offer for a cool £52.82m principal as against a judgment for over £54m, in which interest also figured. The judge awarded two of the fruits, to wit indemnity costs from 21 days after the offer and an additional amount at the capped £75,000. However, he decided against the other two enhancements of interest on the principal and the costs (above the agreed commercial rate of 2% over base) which cannot exceed 10% above base. In relation to enhanced interest on the principal award and the judge’s reasoning that such an award would have been disproportionate given the very high nature of the other

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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