Post-JLE, parties wishing to escape Part 36 consequences should once again find this an exceptionally daunting task, says Joel Douglas
- While no rule should be without exceptions, the ‘formidable obstacle’ of the injustice test has been re-affirmed.
The Provisions of the Civil Procedure Rules are rarely straight forward and without controversy. Many provisions of the CPR require complex Practice Directions, numerous judicial decisions and various amendments through the years in order that practitioners can be relatively confident that they are applying the provisions correctly. However, the provisions of Part 36, as far as Civil Procedure Rules go, appear relatively straightforward.
For claimants, providing the formalities of CPR 36.5 are met the consequences are clear.
Equal or better your offer at assessment pursuant to CPR 36.17 (1)(b) and, unless the court considers it unjust to make such an award, become entitled to:
- interest on the whole or part of any sum of money at a rate not exceeding 10% above base rate (36.17 (4)(a));
- costs on the indemnity basis from the date on which the relevant period expires (ss(4)(b));
- interest
