25.06.2010Gibbon v Manchester CC; LG Blower v Reeves  EWCA Civ 726
Key issues: Court of Appeal, Part 36 offer, rejection of offers
These cases were concerned with the impact of Part 36 offers and whether they can be rejected by implication.
The first matter was a personal injury action in which both sides made Part 36 offers which were rejected. The Claimant’s offer had expired but had not been withdrawn and the Defendant accepted it. The Claimant submitted the offer had been withdrawn by the Defendant’s original rejection of it. It was held that there had been a valid acceptance under the CPR and so the Claimant was awarded their costs up to the date of acceptance with the Defendant awarded costs from that date on.
The second matter was a contractual dispute. The Defendant made offers but all, apart from one, were withdrawn. The Defendant made a payment of £650.00 to the Claimant which reduced the amount of the claim, but the Claimant continued the case and obtained a further sum for more than that already paid. The Court – limiting the effect of Carver v BAA – ruled that obtaining judgment for a sum greater than that offered, would in most cases, be the main factor in deciding whether to award costs.
01.06.2010Shapiro v Lord Chancellor  EWHC 1247 (QB)
Key issues: Advocates’ Graduated Fees, Barrister’s fees, High Court, Legal Aid
The Claimant was a criminal Barrister who acted for a client under legal aid.
He attended a preliminary hearing at the Crown Court before the client had been subject to an indictment. As a result, he was not allowed payment under the Advocates’ Graduated Fees scheme.
He appealed and the appeal was allowed. The Lord Chancellor then appealed and won with the Court holding that because the indictment had not been signed, the Graduated Fees scheme did not apply.
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