header-logo header-logo

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

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

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

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
back-to-top-scroll