Webinars by Practice Area
Part 36 Update
Recorded on: 03/11/2020
For a section of the CPR that is always described as “self-contained”, Part 36 continues to throw up an extraordinary number of cases questioning its interpretation and connection with other rules, and highlighting new situations, such as the case earlier this year where a defendant accepted a part 36 offer for £0, which the claimant said had been made by mistake.
As always, there is a financial imperative. A good offer from a claimant opens the floodgates to indemnity costs, high interest and an uplift of as much as £75,000. However, as the Court of Appeal has observed, many experienced practitioners continue to get part 36 wrong and throw away any claim to these rewards.
This webinar looks at the latest developments, including:
- The packed ruling in September in Essex County Council v UBB Waste and how to construe an ambiguous offer
- Recent uplift examples
- The stark contrast between a Calderbank and a Part 36 offer
- What happens if an offer is withdrawn?
- The interplay between a budget and indemnity costs
- How to react when you receive an offer which you cannot yet gauge.