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26 June 2008 / John Trotter
Issue: 7327 / Categories: Features , Legal services , Procedure & practice , Costs
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Worth the fight?

When is a formal settlement offer “beaten” for the purposes of CPR, Pt 36? John Trotter and Giles Hutt report

In April last year CPR, Pt 36 was overhauled, primarily with the intention of simplifying the rules and allowing defendants to make formal settlement offers without paying money into court. No-one had then expected all defendants to be able to make a “Pt 36 offer” without producing the settlement money up front: the government's consultation paper and previous case law had suggested this was appropriate only for defendants such as public sector defendants who were self-evidently “good for the money”, although Lord Woolf's reports had considered such a change in 1997. However, a further surprise was in store, when the Court of Appeal delivered its judgment 12 months later in Carver v BAA plc [2008] EWCA Civ 412, [2008] All ER (D) 295 (Apr).

The case concerned an air hostess who hurt her ankle when stepping into a defective lift at Gatwick airport. As the body responsible for the safety of the airport,

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Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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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