Part 36 offers

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Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Part 36 offers content

Practice notes
Part 36 costs—key and illustrative decisionsPractice Note: Part 36 offers—when are Part 36 costs 'unjust'? considers when the court might disapply the...
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20th Sep
Q&As
Can a Part 36 offer still remain valid if it is made subject to the condition of documentary evidence of a subrogated claim?Part 36 offers—generalA...
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13th Sep
Q&As
From what point does interest on costs run and at which rate for the purpose of detailed assessment? Does interest run from the date of acceptance of...
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10th Sep
Practice notes
Part 36 offers—how to make a valid Part 36 offerPart 36 precedentsYou may need to consider the validity of an offer in relation to advising clients...
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Produced in partnership with Jake Coleman of Hailsham Chambers 9th Sep
Practice notes
Part 36 offers—pre-action costs recoveryNote: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates...
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Produced in partnership with David Juckes of Hailsham Chambers 9th Sep
Practice notes
Part 36 offers—serving notices of acceptance, variation or withdrawalNote: This Practice Note is relevant only to Part 36 offers as considered under...
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9th Sep
Practice notes
Part 36 offers—what are they, why make them?Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6...
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Produced in partnership with David Juckes of Hailsham Chambers 9th Sep
Practice notes
Part 36 offers—fixed and capped costsThis Practice Note considers the relationship between Part 36 offers and the specific costs recovery regime of...
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Produced in partnership with Imran Benson of Hailsham Chambers 9th Sep
Practice notes
Part 36 offers—who can and when to make them?Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6...
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9th Sep
Q&As
Who can make Part 36 offers and what is the position in costs proceedings (eg detailed assessment provisions)?General positionPart 36 of the Civil...
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9th Sep
Q&As
Do I include solicitor’s costs and court fees in a Part 36 letter?It is open to a party to detail within a Part 36 letter what their costs (including...
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9th Sep
Q&As
When acting on a fatal claim and the deceased died intestate, do you need to obtain administration'>letters of administration to accept or make a Part...
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9th Sep
Q&As
Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 9th Sep
Q&As
What duty does a party making a Part 36 offer have to provide details of their claim and evidence of the amount sought and what are the applicable...
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9th Sep
Q&As
Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard common law doctrine?At common law, a...
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Produced in partnership with Mr Tom Montagu-Smith, QC 9th Sep
Q&As
Is it acceptable to make a Part 36 offer to a litigant in person?STOP PRESS: This Q&A considers the position in relation to Rule 36 as in force prior...
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9th Sep

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