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19 October 2012 / James Sharpe
Issue: 7534 / Categories: Features , Costs
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A waiting game

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James Sharpe provides an update on costs protection & protected parties

The recent decision of the Court of Appeal in SG v Hewitt [2012] EWCA Civ 1053, [2012] All ER (D) 16 (Aug) is an instance where the court departed from the normal costs rule in CPR 36.10(5) whereby the party accepting a Pt 36 offer after the 21-day period for its acceptance must bear his and the other party’s costs incurred subsequently.

In March 2003, the claimant was injured at age six in a road traffic accident. He sustained facial scarring and a severe head injury with damage to the frontal lobes of the brain. Medical evidence was obtained with a view to quantifying the claim, but the experts felt unable to predict the impact of the injury until the claimant matured. On 2 April 2009, the defendant made a pre-action CPR Pt 36 offer in the sum of £500,000 by way of full and final settlement of the claimant’s claim. Following this, counsel for the claimant advised that it was impossible to

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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

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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