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PART 36: An unsettling time?

03 April 2015  

Alex Fox, Chris Hoyer Millar and Clare Arthurs discuss the evolution of offers to settle, Part 44 and changes to Part 36

Litigation, we are told, should be the last resort for parties in dispute. The courts and practitioners are exhorted to encourage parties to settle their disputes early and at both reasonable and proportionate cost. Case law increasingly shows the courts frowning upon parties (and their advisers) for failing to settle before trial or to control the associated costs. Easier said than done, sometimes: not least where there are different rules and costs consequences governing an offer depending on how it is made.

Additional Info

  • Case(s) Referenced:

    AB v CD & ors [2011] EWHC 602 (Ch)

    Coward v Phaestos Ltd & ors [2014] EWCA Civ 1256

    Sugar Hut Group Ltd & ors v AJ Insurance [2014] EWHC 3775 (Comm)