header-logo header-logo

17 June 2011 / Dominic Regan
Issue: 7470 / Categories: Opinion , Procedure & practice , Costs , CPR
printer mail-detail

The second coming

Dominic Regan salutes the welcome return of Part 36

“This offer is open for 21 days,” was the seemingly innocuous phrase which nearly brought down Pt 36, caused many lawyers sleepless nights and necessitated hearings in the Chancery Division and the Court of Appeal. All is now resolved with the unanimous decision of the Court of Appeal in C v D [2011] EWCA Civ 646, [2011] All ER (D) 287 (May) a decision which is spot on.

C v D

The claimant in a substantial property dispute received an offer plastered with references to Pt 36. It should be appreciated at the outset that saying it is a Pt 36 offer does not necessarily mean that it is in law effective. For example, a valid offer must specify a relevant period of no less than 21 days’ duration. The significance of the relevant period is that if the offer is accepted within that time then costs will follow. It does not mean that the offer expires on day 22. Rather, the

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll