header-logo header-logo

Thorn in the side

04 March 2016 / David Wright
Categories: Features , Costs , Budgeting
printer mail-detail

David Wright discusses the issue of Pt 36 offers

Part 36 has long been a thorn in everyone’s side. Despite the undoubted value to both parties and the justice system in general of Pt 36 offers, they have also been a consistent cause of satellite litigation, and there seems no sign of that abating.

However, in the following case it was recently highlighted that—away from the many technical elements that tend to dominate reported cases—a subsidiary purpose of the rule is to prevent injustice from the normal costs consequences that flow from failing to beat an offer.

Hacking

The Court of Appeal was ruling in Yentob v MGN Ltd [2015] EWCA Civ 1292, [2015] All ER (D) 197 (Dec) the high-profile case brought by former top BBC executive Alan Yentob over phone-hacking.

In winning £85,000 in damages for misuse of his private information, Mr Yentob failed to beat the Pt 36 offer made by Mirror Group Newspapers (MGN) as part of the phone-hacking trial

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll