header-logo header-logo

Home Login E-newsletter About us
18 November 2022 / Professor 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
TheGazette LogoClick to know more
Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
Read All
Law Officers mark 25 years of Pro Bono Week
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
NLJ this week: Debts, disputes & digital bluster
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
NLJ this week: Possession’s digital pitfalls
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
NLJ this week: Who shaped the witness’s story?
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
NLJ this week: Costs without limits?
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Copyright © 2026 LexisNexis
back-to-top-scroll