Emma Reynolds & Emily Tearle discuss whether the new Pt 36 regime is an opportunity seized or overlooked
Given that the vast majority of cases settle before coming to trial, the importance of CPR Pt 36 and the need for it to operate in a consistent and coherent fashion is unquestionable. It is therefore unfortunate that the courts have been inundated with so many cases concerning the interpretation of Pt 36 in recent years. Such numbers suggest that the mechanics of Pt 36 were neither fully functional nor entirely fit for purpose.
The CPR Committee (the CPRC) had these issues well in mind when they reviewed Pt 36 at the end of last year and the result of their consultation is the new Pt 36, applying from 6 April 2015, which promises a simplified model which reflects the lessons learned in the case law and which reacts proactively to recent developments, such as the Jackson reforms and the trend towards high, strategic claimant offers which are seen as an abuse of the Pt 36 framework.
This article discusses whether the CPRC
