The 2015 reforms to Part 36 [Archived]
The 2015 reforms to Part 36 [Archived]

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

  • The 2015 reforms to Part 36 [Archived]
  • Technicality
  • Split trials
  • Interim applications
  • Counterclaiming defendants
  • Costs budgeting and Part 36
  • Cynical claimant offers
  • Later acceptance of offers and the £75,000 cap
  • Other less significant issues

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note is for historical reference. It summarises the proposals for reform to Part 36 which were planned for, and came into effect, in April 2015. For guidance on the rules in effect as from 6 April 2015, see Practice Note: Part 36 offers—what are they, why make them? and related content.

A Part 36 sub-committee of the CPR Committee has been set up and is currently conducting a review of the whole of Part 36 and considering whether there is a need for reform; such reform to be implemented through CPR changes in 2015 with the current anticipated effective date being April 2015. The sub-committee is headed by Edward Pepperall QC and comprises Mr Justice Sales, David Di Mabro, Amanda Stevens and Qasim Nawaz.

While Part 36 was radically reformed in 2007, the further reforms are focusing on specific issues rather than being a complete overhaul of Part 36. For information on the 2007 changes, see Practice Note: Overview of changes to Part 36 from 6 April 2007.

The sub-committee made a report to the CPR Committee on 4 July 2014 in which it set out a number of points of principles on which it sought guidance from the committee prior to proceeding with any amendments. The key ones are considered