Carver v BAA plc [2008] EWCA Civ 412 – Law Journals

Part 36: Pick and choose

Can a court award some but not all of the Part 36 consequences under CPR r36.17(4)? Harriet Wakeman discusses ‘On behalf of the defendant it was argued that the court had to approach the question of whether it was “unjust” to make the order separately in relation to each one of the four consequences, and …

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Procedural Reform: PI litigation in Jackson’s brave new world

Robert Cumming gives a view from the Bar and considers the practical consequences of the new rules The introduction of the CPR 1998 ushered in a new culture of active case management. Parties were no longer to be trusted to run their litigation efficiently free from judicial scrutiny. In little over three years Lord Justice …

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Business Restructuring: The end of personal injury lawyers?

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Jeff Zindani investigates the brave new world that faces personal injury lawyers IT, if misused, can make matters worse by adding further layers to an already bureaucratic set of processes. Peter Drucker said that ‘the organisations likely to suffer the most are those with the delusion that tomorrow will be like yesterday’. Background: the winds …

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Part 36 Offers: Make me an offer I can’t refuse

Jessica McGoldrick explains what they are they and why they are important in property litigation ‘Part 36 offers can be used in almost all areas of property litigation including claims for dilapidations, rent arrears, professional negligence, business lease renewals, or any breach of a contractual arrangement relating to land.’ The courts want parties to settle …

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Review: A year in the life

Mark Fowles looks back at the year’s important personal injury cases ‘English law has always been nervous about dealing with issues of causation The modern test is a test of policy. The first test is predominantly factual. The second gathers up much of the traditional language that lawyers use in attempting to set a limit …

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Inflated Claims: I’ve told you a million times, do not exaggerate

Paul Jones identifies costs certainty at the expense of insurers ‘As the claimant attended the appointment, the defendant undertook video surveillance that showed the claimant apparently walking without difficulty until he approached the clinic when he was seen to start to limp and use a walking stick.’ An argument that is often raised by defendants …

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Procedure: The Jackson juggernaut: all aboard?

Richard Marshall and Clare Arthurs weigh up the likely shape and form of the Jackson Reforms ‘Whether or not the Report achieves its aim of promoting access to justice at a proportionate cost remains to be seen, but all practitioners should be aware of the Report’s key points.’ Finally, after all the consultations, committees and …

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CPR: Developments on Part 36

James Wibberley urges that care be taken when drafting offers ‘Unlike contractual offers, Part 36 offers are not terminated by rejection, and will remain open for acceptance unless, and until, such time as they are formally withdrawn. Multiple Part 36 offers may therefore be open for acceptance at any one time within the litigation process.’ …

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