Part 36 round-up
We have previously commented on important decisions in relation to the interpretation of Part 36 of the Civil Procedure Rules. It seems that the court continues to grapple with question of interpretation of offers to settle made pursuant to Part 36.
Beware contractual limitation clauses
A note of caution in relation to contractual limitation clauses. The Court of Appeal was required to consider such a clause in Inframatrix Investments Limited v Dean Construction Limited [2012].
Don't refuse to mediate
The recent case of PGF II SA v (1) OMFS Company (2) Bank of Scotland plc [2012] serves as a timely reminder of the court’s discretion regarding costs following acceptance of a Part 36 offer and the implications of refusing to mediate.
Professional negligence in dealing with expert reports
The recent case of Maria Boyle -v- Thompsons Solicitors has highlighted the care that must be taken in selecting an expert and asking all the material questions not just when instructions are first given but when other evidence appears to conflict with that of the chosen expert.
Costs reforms
While implementation of the radical costs reforms recommended by Lord Justice Jackson and comprised in the Legal Aid Sentencing and Punishment of Offenders Bill are still being debated in Parliament and proposed implementation has been deferred until April 2013. Lord Justice Jackson is preparing to bring in a new reform which would see the introduction of provisional costs assessments. This follows the success of a pilot scheme at Leeds County Court.
It’s my security and I’ll enforce if I want to
A creditor can bring a claim against a guarantor of a debt in preference to enforcing its security against the principal debtor even if the creditor has adequate security.
The end of expert immunity
The Supreme Court has now finally brought to an end the age-old rule that expert witnesses were immune from proceedings in negligence in relation to the evidence they gave in court or the views they expressed in anticipation of court proceedings.
What’s the price of poor financial advice?
There has been much publicity in recent times concerning claims against banks for misselling products, but the recent case of Zaki and others –v- Credit Suisse (UK) Ltd [2011] is a good example of the difficulties facing claimants when making such claims, in particular the need to establish not only breach of duty on the part of the financial advisor, but also that loss was caused as a result of the breach of duty.
An Advisory Relationship?
The question of whether there is a duty of care owed to an investor in the complex field of financial advice is a complicated area, fraught with difficulties. In the professional negligence compensation claim case of Rubenstein v HSBC Bank Plc [2011] EWHC 2304 (QB) the court was asked to consider whether there was an advisory relationship between the claimant and the defendant, giving rise to a duty of care being owed to the claimant.
Not reading this article could be the most expensive mistake you make this year…
If you are the tenant of a building and have been late paying rent at any time during the lease - even if by just one day – you may find you can not validly exercise your break clause and will be liable for the full rent until the end of the lease.

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