header-logo header-logo

Home Login E-newsletter About us
18 November 2022 / Dominic Regan
Issue: 8003 / Categories: Features , Procedure & practice , Costs , CPR
printer mail-detail

Regan’s costs crammer (Pt 2)

© Copyright LexisNexis 2026. All Rights Reserved.
100870
In his second update of this special series, Dominic Regan serves up a cut out & keep Q&A to Part 36 & its problems & solutions
  • How high can I pitch my offer to settle?
  • Am I under a duty to flag up defects in an offer?
  • How best can I ensure my offer is compliant and thus effective?

My last column concentrated upon the sunlit uplands of Part 36 (see ‘Regan’s costs crammer (Pt 1)’, NLJ, 28 October 2022, p12). Things are never straightforward though, and some troublesome issues can arise. Here are some of them with suggested solutions where possible.

How high to go?

In AB v CD [2011] EWHC 602 (Ch), [2011] All ER (D) 25 (Apr), Henderson J at [22] stated that an offer which was all take and no give would not be regarded as a valid offer to settle. The 2015 Rule amendments inserted at CPR 36.17(5)(e) an obligation for the court to determine ‘whether

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

Read All
Sponsored by
Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
Read All
Mazur no more as clarity returns
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Could mega Meta loss affect media ban?
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Specialist courts not jury cuts
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Catastrophic payment scheme 'falling short'
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Call for return of family legal aid as cases rise
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
Copyright © 2026 LexisNexis
back-to-top-scroll