header-logo header-logo

Worth the fight?

26 June 2008 / John Trotter
Issue: 7327 / Categories: Features , Legal services , Procedure & practice , Costs
printer mail-detail

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.

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll