header-logo header-logo

Time for a spring clean?

20 November 2014 / Giles Hutt , Alex Sciannaca
Issue: 7631 / Categories: Features , Procedure & practice , CPR
printer mail-detail
huttsciannaca

Part 36 is in need of revision to make it more transparent for parties & their lawyers say Alex Sciannaca & Giles Hutt

The general view is that Pt 36, governing formal offers to settle, is one of the more successful parts of the Civil Procedure Rules (CPR), but is in urgent need of a spring clean. Since it was last revised in April 2007, a number of specific problems have arisen that need to be dealt with sooner rather than later, and some of the key provisions of Pt 36 are anyway needlessly technical and should be made a lot simpler. Excessive technicality leads to mistakes being made, and so many supposed “Pt 36 offers” are in reality no such thing, and may have only a marginal influence on any costs order made by the court—the opposite of the offeror’s expectations. At the same time, lack of clarity as to how Pt 36 works makes it less effective than it should be as a system of sticks and carrots

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll