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01 October 2021
Issue: 7950 / Categories: Case law , In Court , Law digest
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Law digests: 1 October 2021

Costs

Shah and another v Shah and another [2021] EWHC 1668 (QB), [2021] All ER (D) 102 (Jun)

Where the appellants had rejected the respondents’ Pt 36 offer of £1 in respect of county court proceedings, concerning a family dispute, and where the county court judge had awarded the respondents nominal damages of £10 on their claim, having found that the appellants had breached an agreement between the parties, the Queen’s Bench Division (the court) held that the judge had not erred in making a costs order in favour of the respondents, having found that they were the successful parties, that the purposes of Pt 36 had properly been served and that there had been a genuine basis offered for avoiding litigation. The court held that the judge had taken decisions that had been open to him and that he had not erred in principle or in law.


Damages

Steve Hill Ltd v Witham (as widow and executrix of the estate of Neil Witham (deceased)) [2021] EWCA Civ 1312, [2021] All ER (D) 21 (Sep)

The Court of Appeal, Civil Division,

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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