The High Court has ruled that a claimant’s part 36 offer was a counter offer, consequently an earlier without prejudice offer was no longer open for acceptance. Gemma Witherington reports ‘It has long been the position that, unless it is withdrawn, a Part 36 offer can be accepted notwithstanding any prior rejection or counter offer.’In …
Continue reading "Settling Claims: Counting the cost of rejection"
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Littlestone v Macleish [2016] sheds light on whether landlords’ costs on dilapidation claims are recoverable on a standard or indemnity basis. Rosalind Cullis explains ‘The decision in Littlestone suggests that landlords pursuing damages claims and with the benefit of a similarly worded clause in their lease can, if successful, seek to recover their costs on …
Continue reading "Costs: The price of ambiguity"
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Deirdre Goodwin considers when neurological advice should be sought Where a person sought to rely on an unsoundness of mind, he had to show that such incapacity had been known to his opponent. The recent case of Dunhill v Burgin highlights the risks of settling cases where the claimant lacks capacity and a litigation friend …
Continue reading "Capacity: Masterman-Lister and Bailey v Warren revisited"
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Matthew Evans examines recent case law on the technical requirements of Part 36 Part 36 of the Civil Procedure Rules offers parties valuable costs protection, and can put pressure on them to settle. The recent Court of Appeal case of F&C Alternative Investments (Holdings) Ltd v Barthelemy [2012] is a reminder that parties need to …
Continue reading "Part 36: The devil’s in the detail"
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Jessica McGoldrick explains what they are they and why they are important in property litigation ‘Part 36 offers can be used in almost all areas of property litigation including claims for dilapidations, rent arrears, professional negligence, business lease renewals, or any breach of a contractual arrangement relating to land.’ The courts want parties to settle …
Continue reading "Part 36 Offers: Make me an offer I can’t refuse"
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Edward Rowntree looks at the need to comply with the letter of the rules Despite its original attempt to make a Part 36 offer, the claimant was able to resile from it by reason of its own failure to comply with the technicalities. Although the heading to this article ought to be unnecessary, it is …
Continue reading "CPR: Beware Part 36"
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Lee Coulthard outlines some common pitfalls in the use of Part 36 A Part 36 offer does not protect a party against its own serious misconduct, and practitioners should be ready to alert the court to such misconduct at the close of any trial where a Part 36 offer is not beaten. When seeking to …
Continue reading "Part 36: Money: that’s what I want"
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Wills & Trusts Law Reports | July/August 2012 #121Briggs J gave judgment in relation to costs occasioned by Mrs Barbara Lilleyman’s successful claim for reasonable financial provision from the estate of her late husband, reported as Lilleyman v Lilleyman [2012] WTLR 1007.
There had been extensive without prejudice negotiations and offers (both Part 36 offers and without prejudice offers) had been made by both sides. On 27 July 2011, the defendants had made two simultaneous offers: a Part 36 offer (the July Part 36 offer) and a without prejudice offer (the July without prejudice offer). The defendants made a further without ...
Michael Morton outlines recent case law considering the use and practice of CPR Part 36 ‘To eliminate chance and create certainty, litigators will look to the precise effects of CPR 36 to ensure successful recovery of costs.’ An assessment of recent case law from a small road traffic accident claim to a substantial multi-party building …
Continue reading "CPR Part 36: Pitch perfect"
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Richard Marshall and Clare Arthurs weigh up the likely shape and form of the Jackson Reforms ‘Whether or not the Report achieves its aim of promoting access to justice at a proportionate cost remains to be seen, but all practitioners should be aware of the Report’s key points.’ Finally, after all the consultations, committees and …
Continue reading "Procedure: The Jackson juggernaut: all aboard?"
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