SG v Hewitt


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I note the Court of Appeal’s decision in SG v Hewitt [2012] EWCA Civ 1053 has begun to cause problems for the courts trying to determine in what circumstances the normal Part 36 rules should be disapplied. If only someone had been able to predict that this would happen.

On an entirely different subject, my Solicitors Journal article on SG v Hewitt and how this would generate satellite litigation is now available to read on the Costs Law Articles Archive section of Legal Costs Central.
 


2 thoughts on “SG v Hewitt


  1. Warning: Use of undefined constant user_level - assumed 'user_level' (this will throw an Error in a future version of PHP) in /homepages/25/d110586513/htdocs/gwslaw/wp-content/plugins/ultimate-google-analytics/ultimate_ga.php on line 524
    Robert Pettitt on said:

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    Any sort of application of the ‘unjust to do so’ Part 36 rule was likely to lead to a tiny period of unrest. Given that the new Part 36 was brought in around 06-07 it’s a surprise it’s took this long. Then again, how long was th wait for a decision on funding under the CPR (10 years)?

    I think satellite litigation is an exaggeration though. It’s no CFA reg challenge and unlike things like the CFA regs this sort of thing was entirely expected to be litigated sooner or later.

    Matthews v Metal Improvements is still good law (as far as I can tell). A couple more high court decisions and we will have a narrow, but effective way of telling whether the normal rule under Part 36 can be set aside. That is better than injustice of the strict rule.

    Also, as a claimant friendly lawyer that deals with defendant’s that make offers well outside of the pre-action protocol period and without any explanation as to admissions or how the offer was calculated, I am broadly confident that Webb Resolutions Ltd v Waller Needham Green will prove useful.

    —————-

    How about something on the laughable article regarding DAS and the lack of up take on BTE LEI? Now that they have killed off ATE, perhaps looking to put pressure on the Gov’t to make LEI compulsory. Ho ho ho consumers; premiums only ever go one way.


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    annon on said:

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    “How about something on the laughable article regarding DAS and the lack of up take on BTE LEI? Now that they have killed off ATE, perhaps looking to put pressure on the Gov’t to make LEI compulsory.”

    Hmmm how about something on how pants BTE is generally

    1. You will report to me regularly and give me great swathes of info but never ever charge for thetime it takes
    2. You will not so much look at the file without prior permission
    3. You will only be allowed to undertake work in £750 chunks and you must adhere to the various limits we impose
    4. We will continually curtail the limit of your investigations on complex litigation as all medical reports should be £1200 or less

    you get the idea …

    sorry not on the original topic but does follow on from the first response

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