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Kain Knight South West Seminar
Keep an eye out for the Kain Knight South West Seminar. Details being released soon.
If you are interested in attending please contact Chantelle Roles on Chantelle.Roles@kain-knight.co.uk
Eager readers of our Costs Case Law Updates will have noticed that we skipped a month in September and that this update covers both that month and October. The reason for that lies in the continuing durability of the Long Vacation, when the High Court and Court of Appeal do not sit and consequently, few judgments are handed down. Rumour has it that the Ministry of Justice has long since had its eye on shortening the Long Vacation, which runs from 1st August to 30th September each year, so far without any success. It appears that the last time that the Long Vacation was shortened was after the War: in those days it did not end until 15th October! Long Vacation over, we can now report on a number of important costs cases. As always, we have been selective and those of practical importance have been chosen. For more details please contact Matthew Kain at firstname.lastname@example.org or Colin Campbell at email@example.com who will be glad to discuss any aspects with you....
Section IIIA of CPR Part 45 contains the rules on fixed recoverable costs for low value personal injury claims that are started, but do not continue, under the RTA, or EL/PL pre-action protocols. The Court of Appeal decided, in Broadhurst & Anor v Tan & Anor  EWCA Civ 94, that an award of costs on the indemnity basis to a claimant who obtains a judgment at least as advantageous as the terms of her Part 36 offer pursuant to CPR 36.17(4), prevails over the fixed costs regime....
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