Part 36: Humble offerings

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | The Commercial Litigation Journal | May/June 2015 #61
David Sawtell analyses recent caselaw on Part 36 ‘There is a tension between the natural inclination to make a proportionate costs order where a party has lost on discrete issues and the prescriptive nature of Part 36.’Practitioners frequently debate tactics and strategy when negotiating the litigation and settlement of claims. One of the most important …

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Part 36: An unsettling time?

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | March/April 2015 #60
Alex Fox, Chris Hoyer Millar and Clare Arthurs discuss the evolution of offers to settle, Part 44 and changes to Part 36 ‘Coward clearly shows that the courts will approach the question of costs differently according to whether the parties have made a Calderbank offer or a Part 36 offer.’Litigation, we are told, should be …

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