Illustrating the changes—split trials under Part 36 in force as of 6 April 2015
Illustrating the changes—split trials under Part 36 in force as of 6 April 2015

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Illustrating the changes—split trials under Part 36 in force as of 6 April 2015
  • The new split trial provisions
  • Case study scenario

This Practice Note illustrates the CPR 36 provisions affecting the acceptance and disclosure of Part 36 offers made in the context of split trial cases, resulting from the re-writing of CPR 36 in April 2015. It forms part of a series of Practice Notes that were produced for the joint LexisNexis and St Philips Commercial series of seminars on the revisions to CPR 36 that took place in Leeds, Birmingham and London in January 2015. To access all the materials and the recorded version of the London Part 36 event please visit our LexisNexis Dispute Resolution blog and sign-up.

For other Practice Notes in this series on the revised CPR 36, please see our related content links on the right hand side.

The new split trial provisions

The relationship between Part 36 and split trials has not previously been dealt with in the rules. Here we consider how the new CPR 36 provisions will operate in practice.

Split trials are considered in:

  1. CPR 36.3: definitions—a number of definitions have been included to assist in interpreting those new provisions specific to split trial scenarios

  2. CPR 36.12: acceptance of an offer in a split-trial case

  3. CPR 36.16: restriction on disclosure of a Part 36 offer

Split trials are commonly seen in cases where discrete issues on liability and quantum arise such that the court can