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Civil litigation

01 May 2008
Issue: 7319 / Categories: Case law , Law digest
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Carver v BAA plc [2008] EWCA Civ 412, [2008] All ER (D) 295 (Apr)

In the context of the new Pt 36, where money claims and non-money claims are treated in the same way, “more advantageous” is an open-textured phrase, permitting a wide-ranging review of all the facts and circumstances of the case in deciding whether or not the judgment, which is the fruit of the litigation, was worth the fight. Part 36 encourages both sides to make offers to settle.

Compromise is better than contest, for the litigants concerned, for the court and for the administration of justice as a whole. Litigation is time consuming and it comes at a cost, emotional as well as financial. Those are, therefore, appropriate factors to take into account in deciding whether the battle was worth it. Money is not the sole governing criterion (Lord Justice Ward LJ at paras 30–31).

Issue: 7319 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

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Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

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