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16 January 2015
Issue: 7636 / Categories: Legal News
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Part 36 gets a makeover

The new look Part 36, due to come into force on 6 April, addresses some of the most pressing problems encountered in practice, a QC has said.

Ed Pepperall QC, a commercial silk at St Philips Chambers and a member of the Civil Procedure Rule Committee (CPRC) which drew up the new Part 36, provides “an insider’s guide” to the new rules, in NLJ this week.

Part 36 is used in virtually every case, from modest-value fast-track claims to billion-pound litigation, he writes, and it is important “that its sophisticated system of carrots and sticks is fit for purpose”.

The new rules offer greater clarity on split trials and the extent to which a judge may be told about an offer. Litigators will be able to make time-limited offers, and offers are less likely to be discounted for technical reasons.

Another change is that notice to make an offer more advantageous will be treated as the making of a new offer on the improved terms rather than the withdrawal of the original offer.

The new Part 36 even takes account of the notorious Mitchell case—a new rule provides that litigants whose budget has been limited to court fees can nevertheless recover 50% of their costs assessed without reference to the limitation if they make an effective Part 36 offer.

Pepperall writes: “This solution is intended to ensure that the miscreant is still punished for the default that led to the sanction while the innocent party does not have a blank cheque to turn down reasonable settlement offers.”

Issue: 7636 / Categories: Legal News
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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