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26 June 2008 / John Trotter
Issue: 7327 / Categories: Features , Legal services , Procedure & practice , Costs
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Worth the fight?

When is a formal settlement offer “beaten” for the purposes of CPR, Pt 36? John Trotter and Giles Hutt report

In April last year CPR, Pt 36 was overhauled, primarily with the intention of simplifying the rules and allowing defendants to make formal settlement offers without paying money into court. No-one had then expected all defendants to be able to make a “Pt 36 offer” without producing the settlement money up front: the government's consultation paper and previous case law had suggested this was appropriate only for defendants such as public sector defendants who were self-evidently “good for the money”, although Lord Woolf's reports had considered such a change in 1997. However, a further surprise was in store, when the Court of Appeal delivered its judgment 12 months later in Carver v BAA plc [2008] EWCA Civ 412, [2008] All ER (D) 295 (Apr).

The case concerned an air hostess who hurt her ankle when stepping into a defective lift at Gatwick airport.

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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