Q&As

What are the consequences for attaching a letter disclosing a Part 36 offer to the court before the trial? What actions can a claimant solicitor take against the defendant who has made this grave error in breach of the CPR? What powers are available to the court under such circumstances? Is the Part 36 offer still valid?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 04/01/2019

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • What are the consequences for attaching a letter disclosing a Part 36 offer to the court before the trial? What actions can a claimant solicitor take against the defendant who has made this grave error in breach of the CPR? What powers are available to the court under such circumstances? Is the Part 36 offer still valid?

What are the consequences for attaching a letter disclosing a Part 36 offer to the court before the trial? What actions can a claimant solicitor take against the defendant who has made this grave error in breach of the CPR? What powers are available to the court under such circumstances? Is the Part 36 offer still valid?

CPR 36.16(2) provides that (emphasis added):

‘The fact that a Part 36 offer has been made and the terms of such offer must not be communicated to the trial judge until the case has been decided.’

The primary exception to this rule is that the trial judge can be informed that an offer has been made—but still not the terms of the offer—after the liability judgment has been given in a split liability trial (see CPR 36.16(3)(d), Interactive Technology Corp Ltd v Jonathan Ferster and Ted Baker PLC v AXA Insurance PLC). The purpose of this exception is to facilitate the

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