header-logo header-logo

04 March 2016 / David Wright
Categories: Features , Costs , Budgeting
printer mail-detail

Thorn in the side

David Wright discusses the issue of Pt 36 offers

Part 36 has long been a thorn in everyone’s side. Despite the undoubted value to both parties and the justice system in general of Pt 36 offers, they have also been a consistent cause of satellite litigation, and there seems no sign of that abating.

However, in the following case it was recently highlighted that—away from the many technical elements that tend to dominate reported cases—a subsidiary purpose of the rule is to prevent injustice from the normal costs consequences that flow from failing to beat an offer.

Hacking

The Court of Appeal was ruling in Yentob v MGN Ltd [2015] EWCA Civ 1292, [2015] All ER (D) 197 (Dec) the high-profile case brought by former top BBC executive Alan Yentob over phone-hacking.

In winning £85,000 in damages for misuse of his private information, Mr Yentob failed to beat the Pt 36 offer made by Mirror Group Newspapers (MGN) as part of the phone-hacking trial

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll