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BEATING YOUR PART 36 OFFER DOESN’T MEAN YOU GET MORE THAN THE PROVISIONAL ASSESSMENT CAP

BEATING YOUR PART 36 OFFER DOESN’T MEAN YOU GET MORE THAN THE PROVISIONAL ASSESSMENT CAP There is a conceptual difference between fixed costs and capped costs such that as opposed to the decision in Broadhurst v Tan [2016] 1 WLR 1928 which found that an award of costs on the indemnity basis would effectively dis-apply the fixed costs, where there is a cap on recoverable costs, it would continue to apply even where indemnity basis costs were awarded. So decided Lady Justice Asplin (with agreement from the other members of the Court of Appeal) in the matter of W Portsmouth and Company Ltd v Lowin [2017] EWCA Civ 2172. In that case, the issue to be determined was the relationship between CPR 4

Latest Proportionality Ruling – May & May v Bizarri & Wavell Group Plc – a ‘Breakthru’ in th

Latest Proportionality Ruling – May & May v Bizarri & Wavell Group Plc – a ‘Breakthru’ in the ongoing saga of proportionality decisions? Some 18 months ago, we reported the decision of Master Rowley in respect of proportionality which had very considerably disappointed Queen guitarist, Dr Brian May, and his wife, Anita Dobson, following a claim made by them against a neighbour who had decided to excavate and develop a two-storey basement. The works, carried out by the Defendants, Wavell Group Plc and its owner, Farid Bizarri, had continued for three years, causing the Claimants considerable disruption, disturbance and distress. They were ultimately successful in the substantive claim, receiv

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