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PART 36: An offer you can’t refuse

10 October 2014  

Giles Hutt and Alex Sciannaca examine Part 36 and discuss possible reform

One section of the Civil Procedure Rules (CPR) that is generally thought to work well, but is clearly in need of a spring clean, is Part 36, which governs formal offers to settle. These are the offers that can alter fundamentally the costs order that a court makes if they are not accepted and, as a result, a case goes all the way to summary judgment or trial.

Additional Info

  • Case(s) Referenced:

    AF v BG [2009] EWCA Civ 757

    C v D [2011] EWCA Civ 646

    F&C Alternative Investments (Holdings) Ltd & ors v Barthelemy & anor [2012] EWCA Civ 843

    Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2009] EWHC 274 (TCC)

    Thewlis v Groupama Insurance Company Ltd [2012] EWHC 3 (TCC)