header-logo header-logo

Home Login E-newsletter About us
25 March 2016 / Ben Savery , James Deacon
Issue: 7692 / Categories: Features , Procedure & practice , CPR
printer mail-detail

A spot test on strategy

© Copyright LexisNexis 2026. All Rights Reserved.
001_nlj_7692_savery

James Deacon & Ben Savery set out the lessons to be learnt from recent Pt 36 case law

A raft of recent cases has underlined the importance of making Pt 36 offers that are strategic, timely and correctly formulated.

Question 1

Can you make an offer to settle for a percentage of liability that could never be awarded in practice and is there a minimum reduction you should make?

Answer: The High Court has clarified that you can make such an offer and a modest reduction may suffice.

In Jockey Club Racecourses Ltd v Willmott Dixon Construction Ltd [2016] EWHC 167 (TCC), [2016] All ER (D) 90 (Feb), the defendant agreed to design and build a grandstand at Epsom. The roof failed and was later found to be defective. The club issued proceedings for the costs of repair and business interruption. It later made a Pt 36 offer to settle liability at 95% of the damages “to be assessed”. Willmott Dixon did not respond. It was directed that there would be a

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
Speechlive LogoClick to know more
Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

Twenty Essex—Thomas Hibbs, Jack Hollingworth & Sam Pearce

Twenty Essex—Thomas Hibbs, Jack Hollingworth & Sam Pearce

Three new tenants join Twenty Essex

NEWS
Read All
NLJ this week: Auditors tighten the disclosure screws
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
NLJ this week: Telecoms tenants caught in a legal gap
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
NLJ this week: Due process holds the line

Safety fears do not automatically justify shutting an interested person out of a statutory will application

NLJ this week: Credit law’s regulatory reset
Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
NLJ this week: Employment law’s four-point check
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Copyright © 2026 LexisNexis
back-to-top-scroll