Monthly Archives: July 2017

PART 36 : THE COURT’S APPROACH FOLLOWING DISCLOSURE OF EXISTENCE OF AN OFFER

By Catherine Duffy INTERACTIVE TECHNOLOGY CORPORATION LTD V FERSTER [2017] EWHC 1510 Judgement  – 22 June 2017 CPR r36.16 Mr Justice Morgan held that the existence of Part 36 offers by the defendants meant that the costs after a preliminary hearing had to be reserved to the end of the case.   The fact that […]

Potholes Galore!

By John Collins   Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports.  If it does indeed state […]

Summary judgment – you can’t just hope for the best; Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439

By Peter Yates In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications. Paul Dodd, who had been staying in a flat in London, went to go downstairs. As he was walking down the stairs he […]

HOW DOES THE COSTS BUDGET AFFECT THE FINAL BILL? – COURT OF APPEAL PROVIDES GUIDANCE IN HARRISON

By Colin Richmond   Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792. The judgment provides some clarity following not […]