The revised Part 36: an offer they cannot defuse? By David di Mambro
CPR Part 36 has been substantially revised and replaced with effect from 6 April 2015 (Civil Procedure (Amendment No 8) Rules 2014 (SI 2014/3299)).
It has been necessary to re-number the revised Part 36. Consequently, when considering any case law, one must take care to identify whether the case is referring to a rule number in the old Part 36 or a rule number in the revised Part 36. All rule numbers in this article will refer to the revised rule unless otherwise stated.
A Destinations Table is set out at the end of this article.
Transitionals
The revised Part 36 will apply to offers made on or after 6 April 2015. As appears from the transitional provisions in the SI, some of the new rules in Part 36 will apply to the old Part 36 regime where the offer:
- was made before 6 April 2015, but
- a trial of any part of the claim or of any issue
