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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

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
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