header-logo header-logo

05 May 2021 / Helen Armstrong , William Rowell
Issue: 7931 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Navigating Pt 36: challenges & pitfalls

48176
Part 36 settlement offers: Helen Armstrong & William Rowell outline how to avoid the pitfalls
  • Part 36 regime: an influential settlement weapon.
  • Recent judgments: outlining the highly complex area for parties and their advisers.

The Pt 36 regime is arguably one of the most influential weapons in the Civil Procedure Rules’ (CPR) arsenal for encouraging settlement. It provides a statutory code of prescribed costs, damages and interest enhancements that essentially penalise parties who fail to accept a reasonable settlement offer.

The rules relating to Pt 36 offers are, however, very complex. There are various formal requirements for making an offer. Parties may inadvertently (and unknowingly) fail to make a compliant Pt 36 offer and cannot benefit from the enhanced costs consequences they had envisaged. Even where an offer is compliant, if it would be ‘unjust’ to award the prescribed benefits, the court can disapply them. The whole regime becomes a procedural minefield.

A series of recent judgments illustrates how difficult this area can be for parties and their advisers. The rules themselves must be viewed

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll