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28 October 2022 / Dominic Regan
Issue: 8000 / Categories: Features , Procedure & practice
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Regan’s costs crammer

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In the first of a special refresher series setting out the costs landscape, Dominic Regan tackles free money & other Part 36 considerations
  • The rationale and advantages of the Part 36 regime, and key cases which saw parties reaping the benefits.

Used effectively, Part 36 of the Civil Procedure Rules can secure tremendous benefits for a receiving party. The path to recovery is not always straightforward. Part 36 is ‘highly prescriptive (so that even experienced lawyers may fail to make a compliant offer),’ as Burnton LJ said in Webb v Liverpool Women’s NHS Foundation Trust [2016] EWCA Civ 365, [2016] All ER (D) 103 (Apr).

Coulson LJ said: ‘The law reports are over-full of cases in which parties made offers outside the scope of Part 36 and then unsuccessfully sought to obtain the Part 36 benefits later,’ in King v City of London Corp [2019] EWCA Civ 2266, [2019] All ER (D) 103 (Dec).

Money for nothing

The rationale of Part 36 is to promote settlement and so avoid the lottery

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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