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15 November 2018 / Dominic Regan
Issue: 7817 / Categories: Opinion , Procedure & practice , Costs
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Procedural nightmares

​Dominic Regan provides some answers to the civil procedure worries keeping you up at night

Every October, I visit six cities and deliver a lengthy annual review of civil procedure. This year, the same three concerns were raised at every venue. What follows are my answers to those questions.

How do I ensure that Pt 36 doesn’t trip me up?

It is astonishing to think that so far this year we have had over a dozen reported decisions on the measure, five from the Court of Appeal, and another High Court judgment is imminent.

First things first: one must abide by the requirements of the provision. The safest way to make a compliant offer is by using the court form of offer, the N242A. Use of the form is not mandatory, but the benefit is that it helpfully prompts the offeror as to what is required, such as a relevant period of at least 21 days. Do not seek to adjust the measures enshrined in the Rule.

The deadly trap within Pt 36 is that an

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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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