header-logo header-logo

Navigating Pt 36: challenges & pitfalls

05 May 2021 / Helen Armstrong , William Rowell
Issue: 7931 / Categories: Features , Procedure & practice , Costs
printer mail-detail
48176
Part 36 settlement offers: Helen Armstrong & William Rowell outline how to avoid the pitfalls
  • Part 36 regime: an influential settlement weapon.
  • Recent judgments: outlining the highly complex area for parties and their advisers.

The Pt 36 regime is arguably one of the most influential weapons in the Civil Procedure Rules’ (CPR) arsenal for encouraging settlement. It provides a statutory code of prescribed costs, damages and interest enhancements that essentially penalise parties who fail to accept a reasonable settlement offer.

The rules relating to Pt 36 offers are, however, very complex. There are various formal requirements for making an offer. Parties may inadvertently (and unknowingly) fail to make a compliant Pt 36 offer and cannot benefit from the enhanced costs consequences they had envisaged. Even where an offer is compliant, if it would be ‘unjust’ to award the prescribed benefits, the court can disapply them. The whole regime becomes a procedural minefield.

A series of recent judgments illustrates how difficult this area can be for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll