Stephanie Prior examines the latest changes to the Civil Procedure Rules ‘It is now that there is a complete change to Part 36 and these new changes will come into force and will apply to all offers made after 6 April 2015. These changes are extensive and require careful consideration.’The Civil Procedure Rules came into …
Continue reading "Part 36: Exploring the changes"
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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 …
Continue reading "Part 36: An offer you can’t refuse"
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Edward Rowntree looks at the need to comply with the letter of the rules Despite its original attempt to make a Part 36 offer, the claimant was able to resile from it by reason of its own failure to comply with the technicalities. Although the heading to this article ought to be unnecessary, it is …
Continue reading "CPR: Beware Part 36"
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Jessica McGoldrick explains what they are they and why they are important in property litigation ‘Part 36 offers can be used in almost all areas of property litigation including claims for dilapidations, rent arrears, professional negligence, business lease renewals, or any breach of a contractual arrangement relating to land.’ The courts want parties to settle …
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Lee Coulthard outlines some common pitfalls in the use of Part 36 A Part 36 offer does not protect a party against its own serious misconduct, and practitioners should be ready to alert the court to such misconduct at the close of any trial where a Part 36 offer is not beaten. When seeking to …
Continue reading "Part 36: Money: that’s what I want"
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Michael Morton outlines recent case law considering the use and practice of CPR Part 36 ‘To eliminate chance and create certainty, litigators will look to the precise effects of CPR 36 to ensure successful recovery of costs.’ An assessment of recent case law from a small road traffic accident claim to a substantial multi-party building …
Continue reading "CPR Part 36: Pitch perfect"
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Wills & Trusts Law Reports | December 2011 #115The appellant trustees sought permission to appeal from a costs order. An application had been issued in December 2006 pursuant to which the trustees sought sanction to pursue claims for (inter alia) breach of trust. Three related beneficiaries (Lorna, Fiona and Marcus) resisted the application as defendants, save in respect of a negligence claim against solicitors. In July 2008, Lindsay J declined to sanction any of the claims (save for the negligence claim) and made clear that the trustees had acted in an inappropriately partisan way. Directions were given for a costs hearing,...
Anna Pertoldi and Maura McIntosh contemplate some recent decisions with practical implications for various aspects of litigation including privilege, expert witnesses, and Part 36 offers ‘The dividing line between circumstances where litigation is reasonably in prospect and where it is merely a possibility is not always clear.’A xa Seguros SA De CV v Allianz Insurance …
Continue reading "Update: Hot off the press"
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Bill Braithwaite QC gives an invaluable insight into current litigation trends ‘Personal injury lawyers could create their own system of dispute resolution. However, I’m quite sure that it could only be done with goodwill on both sides, and my feeling is that it is only just developing to the stage where true co-operation is practical.’ …
Continue reading "PI Blog: Advocate’s advice"
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