Dominic Regan provides some answers to the civil procedure worries keeping you up at night
Every October, I visit six cities and deliver a lengthy annual review of civil procedure. This year, the same three concerns were raised at every venue. What follows are my answers to those questions.
How do I ensure that Pt 36 doesn’t trip me up?
It is astonishing to think that so far this year we have had over a dozen reported decisions on the measure, five from the Court of Appeal, and another High Court judgment is imminent.
First things first: one must abide by the requirements of the provision. The safest way to make a compliant offer is by using the court form of offer, the N242A. Use of the form is not mandatory, but the benefit is that it helpfully prompts the offeror as to what is required, such as a relevant period of at least 21 days. Do not seek to adjust the measures enshrined in the Rule.
The deadly trap within Pt 36 is that an offer, once made, stays made. It doesn’t lapse through
