Part 36 offers

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Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov
Practice notes
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov

Most recent Part 36 offers content

Practice notes
Practice Note: Part 36 offers—when are Part 36 costs 'unjust'? considers when the court might disapply the ‘default’ Part 36 costs consequences by...
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10th May
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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7th May
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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7th May
Practice notes
This Practice Note considers the relationship between Part 36 offers and the specific costs recovery regime of CPR 36 with the CPR 45 provisions on...
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Produced in partnership with Imran Benson of Hailsham Chambers 13th Apr
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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13th Apr
Precedents
ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only.Private &...
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9th Apr
Precedents
ARCHIVED: Private & confidential[insert name and address of addressee][insert date]Dear [insert name of client: defendant][insert case heading]As we...
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9th Apr
Precedents
ARCHIVED: THIS PRECEDENT IS BASED ON THE PART 36 PROVISIONS IN FORCE PRIOR TO 1 APRIL 2013. IT IS THEREFORE FOR HISTORICAL PURPOSES ONLY.[insert name...
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9th Apr
Precedents
ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only.Private &...
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9th Apr
Precedents
Private & confidential[insert name and address of addressee (client)]Date: [insert date]ARCHIVED: This Precedent has been archived and is not...
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9th Apr
Precedents
ARCHIVED: Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading/description of the...
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9th Apr
Precedents
ARCHIVED[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert...
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9th Apr
Precedents
ARCHIVED: [insert name and address of claimant’s legal representative][insert date]Without prejudice save as to costsDear [insert organisation...
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9th Apr
Precedents
ARCHIVEDPrivate & confidential[insert name and address of client][insert date]Dear [insert name of your client][insert the case heading/description of...
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9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference summarising the reforms to Part 36...
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8th Apr
Practice notes
This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...
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Produced in partnership with Jake Coleman of Hailsham Chambers 8th Apr
Practice notes
Part 36 precedentsYou may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part...
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Produced in partnership with Jake Coleman of Hailsham Chambers 31st Mar
Practice notes
This Practice Note considers the application of CPR 36 where Part 36 offers are made to settle detailed assessment proceedings commenced under CPR...
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Produced in partnership with Alice Nash of Hailsham Chambers 31st Mar

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