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22 July 2010 / Karen O’Sullivan
Issue: 7427 / Categories: Features , LexisPSL
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Winning at what cost?

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Karen O’Sullivan on the lessons to be learned from two important appeals

Where are we now when it comes to costs awards following Pt 36 offers, especially those that are almost or only just beaten? The Court of Appeal re-visited Carver v BAA [2008] EWCA Civ 412, [2008] All ER (D) 295 for the first time, in two appeals heard together: Gibbon v Manchester City Council and LG Blower v Reeves [2010] EWCA Civ 726, [2010] All ER (D) 218 (Jun).
Although still binding, Carver did not come out of the judgment well. Only Gibbon was a personal injury claim but both cases have useful lessons to teach us.

Part 36 means what it says: follow the rules

Although CPR Pt 36 is an entirely optional method of resolving disputes, it is a self-contained code that must be followed if parties want the benefits it confers. While it draws plenty of inspiration from common law contract rules, it does not incorporate those rules.

The Court of Appeal said you should not have to

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MOVERS & SHAKERS

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Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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