header-logo header-logo

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

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.

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll