Part 36: Failed overtures

Herbert Smith Freehills LLP | The Commercial Litigation Journal | November/December 2015 #64
Maura McIntosh explores a recent judicial interpretation of Part 36 ‘The judge rejected the argument that… the references in the rules to “the whole of the claim or to part of it” must include references to a claim which had not been brought when the offer was made but which was subsequently brought.’The High Court …

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Part 36: An offer you can’t refuse

Hogan Lovells | The Commercial Litigation Journal | September/October 2014 #57
Giles Hutt and Alex Sciannaca examine Part 36 and discuss possible reform ‘Part 36 is excessively technical and counter-intuitive to lawyers used to thinking in terms of contractual offer and acceptance, and as a result many offers are defective.’ One section of the Civil Procedure Rules (CPR) that is generally thought to work well, but …

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