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Wigg & Co - Latest Updates - August 2012 Call us on 01892 529518. Experience counts. Part 36 Offers can only be withdrawn by a notice in writing see Carillion JM Limited -v- PHI Group Limited and Robert West Consulting Limited (2012) 4 Costs LR 437. Reliance on a first Part 36 offer after withdrawal of a second Epsom College v. Pierse Contracting Southern Limited [2012] 3 Costs LR 451 Whether a Part 36 Offer could be accepted after strike-out of the claim Joyce v. West Bus Coach Services Ltd [2012] 3 Costs LR 540. Non Compliance with CPR 36.2(2)(c) PHI Group Limited -v- Robert West Consulting Limited (2012) 4 Costs LR 523. Recoverability of costs incurred through a third party see Anglia Limited -v- Sunland Development Co. Limited (2012) 4 Costs LR 485. The Trial Judge had placed too much emphasis on the Defendant's refusal to contemplate mediation. Swain Mason and Others -v- Mills and Reeve (a firm) (2012) 4 Costs LR 511 Statement required for evaluating risk where no CFA has been disclosed and retrospectivity Beattie v. Smailes and Another [2012] 3 Costs LR 445. Variation of retainer by oral agreement in a case where there was a dispute over whether legal bills should be paid by a company or its managing director Fladgate LLP v. Harrison [2012] 3 Costs LR 483 Conflict between privilege and the solicitor's duty to the court R v. SVS Solicitors [2012] 3 Costs LR 502 Declining to conduct an assessment in accordance with CPR Part 45 Letts v. Royal Sun Alliance Plc [2012] 3 Costs LR 591. An appellant whose appeal effectively succeeds should not necessarily be awarded their costs below R (Broom) v. Secretary of State for Justice [2012] 4 Costs LR 504.
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