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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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