header-logo header-logo

03 May 2018 / Dominic Regan
Issue: 7791 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Playing by the rules

nlj_7791_regan

A Part 36 offer can bring a plethora of benefits, but there is no room for manoeuvre when it comes to compliance, says Dominic Regan

  • An offer is either compliant or not.There is no scope for circumventing the explicit requirements of the code.

‘Part 36 is highly prescriptive (so that even experienced lawyers may fail to make a compliant offer)’ said Burnton LJ in Webb v Liverpool Women’s NHS Foundation Trust [2016] EWCA Civ 365, [2016] All ER (D) 103 (Apr) at para [1]. Disconcertingly, it now appears that this most significant of measures is not always being understood by the judiciary.

In Ali v Channel 5 Broadcast Ltd [2018] EWHC 840 (Ch) at paras [42]–[43], the claimant contended a joint offer made under Part 36 was invalid. Arnold J decided that it was not open to the claimants to raise this objection. They had failed to take the point upon receipt of the offer.

A similar issue arose in Seeff v

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll