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24 February 2011
Issue: 7454 / Categories: Case law , Law digest
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Costs

Rolf v De Guerin [2011] EWCA Civ 78, [2011] All ER (D) 169 (Feb)

The mechanism under CPR Pt 36 provided a formal, regulated procedure for a party, including a claimant, to express a willingness to accept something less than total success in his open position in the litigation.

If the offer was not accepted and the offeror did better in the final result than his offer, he was entitled, unless the court considered it would be unjust, to costs on an indemnity basis from the expiry of the “relevant period” (namely three weeks, unless the offer extended it) plus interest at an enhanced rate up to 10% above base rate. Further, the conduct referred to in CPR 44(4) could include the reasonableness of a party’s response to a call for mediation.
 

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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

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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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