Howell and others v Lees-Millais and others [2011] EWCA Civ 786, [2011] All ER (D) 48 (Jul)
The overriding objective suggested that particularly where parties had treated offers as having been made under Pt 36 and the offerors could not have framed their offer so as to fall within the ambit of Pt 36, and the offer which was expressed to be a Pt 36 offer and otherwise appeared to comply with the requirements of Pt 36, should, in the absence of good reason to the contrary, be given substantially the same effect as a Pt 36 offer, when it came to deciding costs issues. Where a Pt 36 offer was accepted “after the expiry of the relevant period”, the costs, “unless the court orders otherwise”, should be paid by the offeror up to the expiry date of the relevant period, and by the offeree from that date until the date of acceptance.
Shovelar and others v Lane and others [2011] EWCA Civ 802, [2011] All ER (D) 111 (Jul)
In a chancery action for a declaration of constructive trust, the “rule in probate actions” did not
