Category Archives: Part 36 offers
Party in breach of “unless” order due to strict application of deemed service provisions
The High Court has held that a party was in breach of an “unless” order requiring service of a disclosure list by a particular date, despite the opponent’s solicitors having received the list by that date, as a result of the … Continue reading
Filed under Judgments/Orders, Part 36 offers, Service
Claimant entitled to costs where Part 36 offer accepted pre-action
The Court of Appeal has confirmed that where a Part 36 offer is made and accepted pre-action, so that no proceedings are issued, the claimant is entitled to its costs under CPR 36.10: Solomon v Cromwell Group Plc [2011] EWCA Civ … Continue reading
Filed under Part 36 offers
Jackson reforms: taking stock
In addition to the headline reforms which are to be implemented through primary legislation currently before Parliament, progress is ongoing toward the implementation of various other recommendations put forward in Lord Justice Jackson’s final report on civil litigation costs and … Continue reading
Filed under Costs, Disclosure, Experts, Funding, Part 36 offers
Costs on acceptance of Part 36 offer pre-action
Where a Part 36 offer is made and accepted pre-action, so that no proceedings are issued, is the claimant entitled to its costs? The answer was yes in a recent High Court decision, KT and others (minors) v Bruce [2011] … Continue reading
Filed under Part 36 offers
Bill to bring in Jackson reforms published today
The government has today introduced legislation to implement the key proposals made by Lord Justice Jackson for the reform of civil litigation costs and funding, namely: removing the restrictions on contingency fees or “damages-based agreements” (DBAs) for civil litigation; abolishing … Continue reading
Filed under Costs, Funding, Part 36 offers
Court of Appeal confirms Part 36 offers cannot be time-limited
In a very recent judgment the Court of Appeal has overturned the High Court’s decision that an offer that was expressed to be made under Part 36 and to be “open for 21 days” was time-limited and therefore not a … Continue reading
Filed under Part 36 offers
Request for “total capitulation” not a valid Part 36 offer to settle
A recent High Court decision has held that in order for a claimant’s Part 36 offer to be valid, it must contain some genuine element of concession that is of significant value in the context of the litigation: AB v … Continue reading
Filed under Part 36 offers
Government announces important civil litigation reforms
The government yesterday announced its intention to go ahead with key proposals made by Lord Justice Jackson for the reform of civil litigation costs and funding, including: significant changes to the rules governing Part 36 offers to settle; removing the … Continue reading
Filed under Costs, Funding, Part 36 offers
No costs penalty for failing to beat own Part 36 offer
A very recent Court of Appeal decision confirms that a party will not be penalised for making a Part 36 offer to settle, even where the level of the offer turns out to be misjudged: Rolf v De Guerin [2011] … Continue reading
Filed under Part 36 offers
