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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Costs

F&C Alternative Investments (Holdings) Ltd and others v Barthelemy and another [2012] EWCA Civ 843, [2012] All ER (D) 145 (Jun)

The costs regime of CPR 36.14 represented a departure from otherwise established costs practice. It had imposed a deliberately swingeing costs sanction on a claimant who had failed at trial to beat a defendant’s CPR Pt 36 offer. There was no reason or justification for indirectly extending the requirements of CPR Pt 36 beyond its expressed ambit. Intended CPR Pt 36 offers had to be very carefully drafted so as to comply with the requirements of CPR Pt 36. CPR Pt 36 was to be regarded as self-contained, and it was not open to the parties or the courts to look for asserted glitches or asserted omissions so as to bring a case indirectly within the reach of CPR Pt 36 when it could not directly be so brought in.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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