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12 January 2011 / Vanessa Van Breda
Issue: 7448 / Categories: Features , LexisPSL
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Pitfalls to avoid

Vanessa Van Breda looks at four judgments from last year which highlight potential pitfalls within the Pt 36 regime

To trigger Pt 36 consequences an offer’s form and content must be in accordance with CPR 36.2. This may seem straight forward, but the recent case of C v D & Another [2010] All ER 176 (Nov) indicates just how technical and prescriptive the Pt 36 regime is.

In C v D the claimant’s “Part 36 offer” was stated to “be open for 21 days from the date of this letter (the ‘relevant period’)”. The defendant sought to accept it over a year later; less than one month before trial. The claimant sought a declaration that it could no longer be accepted; the defendant should have accepted it when it was stated to be open.

Granting the declaration, Warren J (Chancery Division) concluded that the wording, highlighted above, provided a time limit for acceptance of the offer which ended some time before the defendant’s attempted acceptance. He also concluded that such a time limited

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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