Ed Pepperall QC provides an insider’s guide to the new look Part 36
A new look Part 36 comes into force on 6 April 2015. In its first major review of Part 36 in eight years, the Civil Procedure Rule Committee (CPRC), of which I am a member and chairman of the sub-committee responsible for drafting the new Part 36, has addressed some of the most pressing problems encountered in practice.
Part 36 undoubtedly lies at the heart of the Civil Procedure Rules. Its machinery is used in virtually every case, from modest-value fast track claims to billion-pound litigation in the Commercial Court. It is therefore important to ensure that its sophisticated system of carrots and sticks is fit for purpose. Just as importantly, if the steady flow of satellite litigation is to abate, Part 36 must work predictably and logically.
Other commentators will, no doubt, provide a critique of the new rules and lament the missed opportunity to effect more far-reaching reform. Such analysis is, however, for others since
