Part 36 offers

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CPR 36 is a self-contained set of rules that is designed to encourage the parties to settle, all or part of their dispute. It was introduced in 1998 and has undergone several reforms since then. Its most recent, major overhaul was in April 2015. This rewrite was predominantly a tidying up and codification of the existing rules but there were a number of important changes.

CPR 36 can be difficult to understand and can have massive ramifications for either party if it is not properly understood and is used incorrectly. In this topic, guidance is provided on what a Part 36 offer is, its effect and when and how to make a valid Part 36 offer. Information is also provided about what the offeree needs to do after a Part 36 offer has been made, to include deciding whether to accept a Part 36 offer, how and when to accept it and when and how to seek clarification. Information is also provided in respect of when an offeror may wish to withdraw or vary a Part 36 offer and how they should do this. There is also guidance

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Latest PI & Clinical Negligence News

Unfair prejudice—removing parties and avoiding back-door company claims (Farnsworth v Chave)

Dispute Resolution analysis: This judgment considers the ‘desirability’ test for removing parties under CPR 19.2(3), in particular as applied to the removal of respondents from an unfair prejudice petition. The judge emphasised that third parties should not remain as respondents where they were not concerned in the conduct of the company’s affairs and no substantive relief is sought against them. The claim for authorisation under section 996(2)(c) of the Companies Act 2006 (CA 2006) to bring civil proceedings in the Company’s name had little utility on the facts, given both sides sought a buy-out that would leave the petitioner in control. The court also cautioned against unfair prejudice proceedings being used to procure findings that would effectively pre-determine separate company claims. To the extent that the parties had in their possession documents that should be disclosed the judge considered that these could, and should, be obtained pursuant to CPR 31.17.

Supreme Court upholds costs award in sterling (Process & Industrial Developments Ltd v The Federal Republic of Nigeria)

The UK Supreme Court has unanimously dismissed Process & Industrial Developments Ltd’s (P&ID) appeal against a costs order made in favour of the Federal Republic of Nigeria (Nigeria). The court held that the Commercial Court and Court of Appeal were correct to award costs in sterling rather than in Nigeria’s national currency, the naira. It ruled that costs orders are discretionary and not compensatory in nature like damages awards and that it was appropriate to make the order in the currency in which Nigeria incurred and paid its legal expenses. The court found no error in law in the lower court’s decision and noted that there was no resulting ’windfall' to Nigeria despite currency fluctuations. Duarte G. Henriques of Victoria Associates, Nikki Hussey of Eversheds Sutherland and Elizabeth Kantor of Herbert Smith Freehills Kramer comment on the implications of the judgment.

Firms in 'purgatory' as regulators respond to Mazur fallout

Law360, London: A recent court ruling that trainees and paralegals cannot conduct litigation, even under supervision, has left some firms 'in purgatory' as they grapple with a judgment that, lawyers warn, could make swathes of work unviable.

SCCO publishes the 2025 Senior Courts Costs Office guide

The Senior Courts Costs Office (SCCO) has published its 2025 edition of the Senior Courts Costs Office guide, providing updated procedural and substantive guidance on the assessment of legal costs in civil, family and certain criminal proceedings across England and Wales. The guide reflects current practice under the Civil Procedure Rules (CPR) across the County Court, High Court and Court of Appeal. It also covers solicitor-client assessments under the Solicitors Act 1974 (SA 1974), Court of Protection cases and appeals from costs officers and determining officers.

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