The Calderbank effect (Record no. 77494)
[ view plain ]
| 000 -LEADER | |
|---|---|
| fixed length control field | 01576cab a2200229 4500 |
| 001 - CONTROL NUMBER | |
| control field | ##L134379 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 060801n2006 000 0 eng u |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u134379 |
| 041 0# - LANGUAGE CODE | |
| Language code of text/sound track or separate title | eng |
| 100 1# - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Gold, Elliot |
| 245 04 - TITLE STATEMENT | |
| Title | The Calderbank effect |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2006 |
| 490 #0 - SERIES STATEMENT | |
| Series statement | New Law Journal |
| Volume/sequential designation | 156(7234) 21 July 2006, 1156-1157(2) |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | Looks at how the decision in "Codent Ltd v Lyson Ltd" ([2005] EWCA Civ 1835, unreported) provides further clarification as to when a Calderbank offer ought to attract the same costs protection as a payment into court. In the above case, CA held that L's offer of settlement had been expressed in clear terms, was genuine, and had been backed by insurance; the acceptance period had been very short, but that was not the reason C rejected the offer. In the circumstances, L should have been awarded costs from the first day of trial. It is now clear that offers of settlement made at any time prior to trial must be given serious consideration; such offers will not automatically enjoy the cost protection that attaches to a payment into court, but provided the court considers them to be a genuine attempt to settle, and they substantially meet the criteria outlined above, it is likely that they will do so. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | IKA010806 |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | CALDERBANK LETTERS |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | CODENT LTD V LYSON LTD |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | CIVIL PROCEDURE RULES PART 36 |
| 651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME | |
| Geographic name | England and Wales |
| Chronological subdivision | 1543- |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Suppress in OPAC | 0 |
| Withdrawn status | Lost status | Source of classification or shelving scheme | Damaged status | Not for loan | Home library | Current library | Shelving location | Date acquired | Total Checkouts | Full call number | Barcode | Date last seen | Copy number | Price effective from | Koha item type |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Dewey Decimal Classification | London | London | Journal article | 01/08/2006 | L134379 | 134379-1001 | 06/08/2019 | 1 | 06/08/2019 | Journal article |