header-logo header-logo

15 January 2015 / Ed Pepperall
Issue: 7636 / Categories: Features , Procedure & practice , Costs , CPR
printer mail-detail

The heart of the matter

pepperall

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll