header-logo header-logo

Home Login E-newsletter About us

Regan’s costs crammer (Pt 2)

© Copyright LexisNexis 2025. All Rights Reserved.
18 November 2022 / Dominic Regan
Issue: 8003 / Categories: Features , Procedure & practice , Costs , CPR
printer mail-detail
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 the

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
DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Read All
NLJ this week: Pro bono power without the red tape
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
NLJ this week: Small firms call for tech clarity as AI looms
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
NLJ this week: Courts walk a tightrope on relocation & abuse
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
NLJ this week: Fraud claims climb as courts brace for AI threats
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
NLJ this week: AI boom collides with courtroom reality
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Copyright © 2025 LexisNexis
back-to-top-scroll