header-logo header-logo

15 August 2019 / Joel Douglas
Issue: 7853 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Part 36: a welcome return to simplicity?

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
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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll