The dangers of time-limited Part 36 offers

A recent High Court decision suggests that a claimant's Part 36 offer to settle may have little benefit unless it is kept on the table until the conclusion of the case: Gulati & ors v MGN Ltd [2015] EWHC 1805 (Ch).… Read more

Think twice before withdrawing a Part 36 offer

A recent High Court decision illustrates the drawbacks of withdrawing a Part 36 offer to settle, namely the potential loss of some or all of the costs benefits that would otherwise have arisen if the opponent fails to beat the offer: Uwug Limited… Read more

Significant changes to CPR Part 36 from April 2015

CPR Part 36 contains a set of rules aimed at encouraging parties to settle their disputes. It does this by imposing sanctions where a party refuses an offer to settle made under Part 36 but then fails to get a better result… Read more

Court of Appeal decision on Part 36 offers to settle

The Court of Appeal has dismissed an appeal against a split costs order awarding costs to the claimant for certain periods and the defendant for certain periods of the litigation: Thinc Group Limited v Jeremy Kingdom [2013] EWCA Civ 1306.… Read more

Part 36: difficulties in split trials

A recent High Court decision has highlighted difficulties arising from the application of Part 36 in the context of split trials, or trials of preliminary issues: Ted Baker Plc v Axa Insurance UK Plc [2012] EWHC 1779 (Comm). Under CPR 36.13 the… Read more

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… Read more

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]… Read more

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… Read more

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… Read more

Offer “open for 21 days” not a valid Part 36 offer

A recent High Court judgment has important practical implications for how offers are drafted under Part 36 of the Civil Procedure Rules (CPR) and for the possible costs consequences of offers previously made: C v D & D2 [2010] EWHC… Read more