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Article

Herbert Smith Freehills LLP | United Kingdom | 21 Dec 2012

Reliance on term of “without prejudice” offer waived privilege in rest of offer

In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for the court to be

Article

Herbert Smith Freehills LLP | United Kingdom | 6 Jun 2011

Court's approach to admission of late evidence?

In our e-bulletin dated 16 February, we reported on the Court of Appeal's decision in Swain-Mason and ors v Mills & Reeve 2011 EWCA Civ 14 which, we said, signalled a strict approach to applications for late amendments.

Article

Herbert Smith Freehills LLP | United Kingdom | 6 Jun 2011

Court of Appeal confirms Part 36 offers cannot be time-limited

In a very recent judgment the Court of Appeal has overturned the High Court's decision that an offer that was expressed to be made under Part 36 and to be "open for 21 days" was time-limited and therefore not a valid Part 36 offer: C v D 2011 EWCA Civ 646.

Article

Herbert Smith Freehills LLP | United Kingdom | 16 Feb 2011

Court of Appeal reaffirms strict approach to late amendments

In a judgment handed down in January, the Court of Appeal has sent a strong message against taking a relaxed approach to late amendments and as to the precision required for a proper pleading: Swain-Mason and ors v Mills & Reeve 2011 EWCA Civ 14.

Article

Herbert Smith Freehills LLP | United Kingdom | 16 Feb 2011

No costs penalty for failing to beat own Part 36 offer

A very recent Court of Appeal decision confirms that a party will not be penalised for making a Part 36 offer to settle, even where the level of the offer turns out to be misjudged: Rolf v De Guerin 2011 EWCA Civ 78.

Article

Herbert Smith Freehills LLP | United Kingdom | 29 Nov 2010

Offer "open for 21 days" not a valid Part 36 offer

A recent High Court judgment has important practical implications for how offers are drafted under Part 36 of the Civil Procedure Rules (CPR) and for the possible costs consequences of offers previously made: C v D & D2 2010 EWHC (Ch), 16 November 2010.

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