The Court of Appeal's decision to allow full cost recovery in a case where a part 36 offer was accepted two years later will have undesirable consequences, says Simon Gibbs
By allowing a claimant who lied about the extent of his injuries to keep the damages ?he was awarded for the genuine element of his claim the Supreme Court is making ?defendants rely on less predictable alternatives to combat insurance fraud. ?Nick Atkins and Charlie Clarke-Jervoise report
Claimant lawyers heaved a moderate sigh of relief when the Court of Appeal promised to implement Jackson LJ's proposal to increase general damages by 10 per cent, a part of the costs reform jigsaw that parliament had not taken forward. Defendant lawyers aren't so convinced that the move would achieve the intended rebalancing. We asked claimant ?lawyer David Marshall and defendant lawyer Rachel Moore for their initial impressions