header-logo header-logo

14 November 2019 / Masood Ahmed
Issue: 7864 / Categories: Features , Procedure & practice , Costs
printer mail-detail

The ‘additional amount’: an all-or-nothing affair?

11477
Masood Ahmed reports on the interpretation & application of the ‘additional amount’ under Pt 36
  • Policy rationale: consequences of Pt 36, the Woolf Reforms and Sir Rupert Jackson review.
  • CPR 36 and the ‘additional amount’.
  • Divergent approaches: White and JLE.
  • The way forward: promoting and encouraging the making of Pt 36 offers.

The fundamental policy rationale that underpins Pt 36 is to encourage litigating parties to make formal offers to settle their disputes which, if successful, will save the parties from continuing to incur their own costs and time in pursuing litigation and will preserve the court’s finite resources. As an important incentive to encourage both claimants and defendants to make Pt 36 offers, the Woolf Reforms introduced serious and severe cost consequences for those parties who refused to accept a Pt 36 offer and failed to do better at trial. Those cost consequences were further reinforced and expanded following Sir Rupert Jackson’s review of civil litigation costs following a concern that a claimant was insufficiently

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

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
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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll