Part 36: An offer you can’t refuse

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | December 2018/January 2019 #171
James Marwick and Marcus Coates-Walker provide an invaluable summary of the latest decisions in the ever-changing arena of Part 36 offers ‘Hislop, it is submitted, is yet another instance of the court having to construct a Part of the CPR which was simply not drafted with fixed costs in mind and where the poor drafting …

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Mediation: A costly refusal

Dentons | Property Law Journal | December 2013/January 2014 #317
Bryan Johnston assesses the price of failing to mediate following the Court of Appeal ruling in PGF ‘PGF confirms that ADR is firmly at the heart of the civil procedure regime. A request to engage in ADR cannot be ignored or unreasonably refused without the strong possibility of a costs sanction.’With Voltaire-esque flair, the Court …

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Split Trials: A look to the future

Kingsley Napley LLP | Personal Injury Law Journal | February 2013 #112
Laura Sylvester and Verity Danziger examine the factors that will influence a judge to order a liability hearing Judicial comment in recent cases has provided some further guidance on matters to consider when deciding whether a case should proceed to a split trial or not. Contained within the court’s general powers of management, in Part …

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Part 36: Money: that’s what I want

The John M Hayes Partnership | The Commercial Litigation Journal | September/October 2012 #45
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 …

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Costs: Reversing the normal rule in CPR 36

QM Legal Costs | Personal Injury Law Journal | September 2012 #108
Paul Jones looks at the latest case concerning Part 36 offers The defendant’s case was that there was no reason to depart from the normal rule and, in particular, to apply the normal rule would not be unjust in all the circumstances. Of all the provision of the Civil Procedure Rules, CPR 36 has generated …

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