Settlements: Getting Part 36 offers right

3PB Barristers | Personal Injury Law Journal | July/August 2018 #167
Sharan Sanghera provides up-to-date advice following a number of Part 36 judgments ‘Despite being a well-established regime, Part 36 continues to trip up litigators and mistakes can not only mean that consequences are not applied in your favour but can also lead to expensive satellite litigation.’ There are clear advantages to claimants and defendants in …

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Part 36: Proceed with caution

Herbert Smith Freehills LLP | The Commercial Litigation Journal | March/April 2018 #78
Maura McIntosh offers a useful update on dealing with CPR Part 36 ‘If you want to preserve any costs protection of an earlier offer, do not suggest in a subsequent offer that the costs consequences will run only from that offer.‘ This article considers a number of practical points arising from four recent decisions relating …

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Capacity: Importance of the golden rule

Burges Salmon LLP | Trusts and Estates Law & Tax Journal | April 2018 #195
Kevin Kennedy and Andrew Walls report on the test in Banks v Goodfellow ‘This judgment provides very significant support that the Banks v Goodfellow test is the sole test for the court to apply when judging testamentary capacity post mortem.‘ The High Court in James v James [2018] has ruled that the test in Banks …

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