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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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NLJ Career Profile: Stephen Ward, The Barrister Group

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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