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02 September 2011 / Stephen Gold
Issue: 7479 / Categories: Features , Civil way , Procedure & practice , CPR
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Civil way: 2 September 2011

When asking whether a judgment is more advantageous than a CPR Pt 36 offer, the court should take into account all aspects of the case, including emotional distress.

CARVED UP

When asking whether a judgment is more advantageous than a CPR Pt 36 offer, the court should take into account all aspects of the case, including emotional distress. That was the much criticised decision of the Court of Appeal in Carver v BAA [2008] EWCA Civ 412, [2008] 3 All ER 911. It is reversed by the Civil Procedure (Amendment No 2) Rules 2011 (SI 2011/1979) for offers made after 30 September 2011. In relation to any money claim or money element of a claim, “more advantageous” is to mean better in money terms by any amount, however small.

TRIPLE WHAMMY

The story so far. The assured shorthold landlord can effectively protect the tenant’s deposit right up to the hearing of the tenant’s claim for the dreaded triple deposit penalty (though will almost certainly be clobbered for the tenant’s costs where protection was belated) and no claim based

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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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