header-logo header-logo

Civil way: 2 September 2011

02 September 2011 / Stephen Gold
Issue: 7479 / Categories: Features , Civil way , Procedure & practice , CPR
printer mail-detail

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll