Part 36 offers – all change

Part 36 offers – all change

The Statutory Instrument for the much anticipated re-write of CPR 36 is now with us.

Hot off the press, we can confirm:

Yes - It is a complete re-write 

Yes - It will come into force on 6 April 2015 – we are updating our Part 36 content in advance of that deadline

Yes - The main areas of change are as per the much trailed expectations (on which LexisPSL Dispute Resolution subscribers can see our Practice Note:  Part 36—2015 reforms ):

  • Addressing the technical issues such as time-limited offers and statements as to whether or not the offer is a Part 36 offer
  • Very high claimant offers (Huck v. Robson)
  • The withdrawal of offers during the relevant period (Evans v. Royal Wolverhampton Hospital)
  • Split trials – the ‘Ted Baker issue’
  • Clarifying Part 36 in relation to counterclaiming defendants
  • Court guidance on dealing with cynical and strategic claimant offers not aimed at genuine settlement of the claim

All good news and the further good news:

Ed Pepperall QC of St Philips Chambers, head of the Civil Procedure Rules Committee’s sub-committee on Part 36 reform – and he who drafted the new CPR 36 in conjunction with his sub-committee colleagues – is running a nationwide series of free seminars on the new CPR 36 in conjunction with LexisNexis PSL Dispute Resolution.

Click here to register your place at any of the London, Leeds or Birmingham events. We look forward to seeing you there.​

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About the author:
Ruth specialises in general corporate and commercial dispute resolution with particular experience in shareholder disputes, fraud and warranty claims. Ruth trained and qualified at Berwin Leighton Paisner LLP (now Bryan Cave Leighton Paisner LLP) where she remained in practice for ten years. Her work has involved project managing large-scale cases to trial in the chancery and commercial courts. Ruth was actively involved in in-house training with a particular focus on all aspects of evidence gathering and production, including authoring a user-manual on E-disclosure. She is also a contributor to the New Law Journal.