header-logo header-logo

14 November 2019 / Masood Ahmed
Issue: 7864 / Categories: Features , Procedure & practice , Costs
printer mail-detail

The ‘additional amount’: an all-or-nothing affair?

11477
Masood Ahmed reports on the interpretation & application of the ‘additional amount’ under Pt 36
  • Policy rationale: consequences of Pt 36, the Woolf Reforms and Sir Rupert Jackson review.
  • CPR 36 and the ‘additional amount’.
  • Divergent approaches: White and JLE.
  • The way forward: promoting and encouraging the making of Pt 36 offers.

The fundamental policy rationale that underpins Pt 36 is to encourage litigating parties to make formal offers to settle their disputes which, if successful, will save the parties from continuing to incur their own costs and time in pursuing litigation and will preserve the court’s finite resources. As an important incentive to encourage both claimants and defendants to make Pt 36 offers, the Woolf Reforms introduced serious and severe cost consequences for those parties who refused to accept a Pt 36 offer and failed to do better at trial. Those cost consequences were further reinforced and expanded following Sir Rupert Jackson’s review of civil litigation costs following a concern that a claimant was insufficiently rewarded and that the defendant was insufficiently penalised

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

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
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
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’
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
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
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
back-to-top-scroll