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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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