header-logo header-logo

Home Login E-newsletter About us
18 November 2022 / Dominic Regan
Issue: 8003 / Categories: Features , Procedure & practice , Costs , CPR
printer mail-detail

Regan’s costs crammer (Pt 2)

© Copyright LexisNexis 2026. All Rights Reserved.
100870
In his second update of this special series, Dominic Regan serves up a cut out & keep Q&A to Part 36 & its problems & solutions
  • How high can I pitch my offer to settle?
  • Am I under a duty to flag up defects in an offer?
  • How best can I ensure my offer is compliant and thus effective?

My last column concentrated upon the sunlit uplands of Part 36 (see ‘Regan’s costs crammer (Pt 1)’, NLJ, 28 October 2022, p12). Things are never straightforward though, and some troublesome issues can arise. Here are some of them with suggested solutions where possible.

How high to go?

In AB v CD [2011] EWHC 602 (Ch), [2011] All ER (D) 25 (Apr), Henderson J at [22] stated that an offer which was all take and no give would not be regarded as a valid offer to settle. The 2015 Rule amendments inserted at CPR 36.17(5)(e) an obligation for the court to determine ‘whether the offer was a genuine attempt to settle the proceedings’. This measure

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

Read All
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
Read All
NLJ this week: No such thing as a ‘Welsh seat’
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
NLJ this week: Jury reform risks justice for efficiency’s sake
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’
NLJ this week: Crypto fightback offers ‘new frontier for law’
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
NLJ this week: Time to revive the duty to report crime?
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
NLJ this week: When are experts truly ‘necessary’?
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
Copyright © 2026 LexisNexis
back-to-top-scroll