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14 July 2023
Issue: 8033 / Categories: Case law , In Court , Law digest
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Law digests: 14 July 2023

Costs

Tabbitt v Clark [2023] EWCA Civ 744, [2023] All ER (D) 107 (Jun)

The Court of Appeal, Civil Division, dismissed the appellant’s appeal from a decision which had declined to include in the order giving effect to the acceptance of the Part 36 offer on the basis of the rules as they stood at the time. The appellant was involved in a road traffic accident and sought damages against the respondent. He then accepted a Part 36 offer by the respondent. Since the costs had not been assessed or agreed, there was at the date of the judge’s judgment no immediate prospect of enforcement of any costs order against the appellant. At the time of the judge’s judgment, changes to the qualified one-way costs shifting (QOCS) rules were under active consideration by the Civil Procedure Rules Committee (CPRC). The appellant wished to guard the possibility of a future rule change with potential retrospective effect. He argued that: (i) the QOCS rules were so tightly drawn that they had compelled a judge to exercise any discretion to deal with the question of enforceability

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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