Monthly Archives: December 2014

THE NEW PART 36: PART 5: WAS THE OFFER A “GENUINE ATTEMPT” TO SETTLE PROCEEDINGS?

One addition to the rule is a further factor for the court to take into account when considering whether or not the usual costs, and other consequences, of Part 36 should apply. THE NEW CPR 36.17: COSTS CONSEQUENCES FOLLOWING JUDGMENT CPR 36.17 sets out the consequences if a party fails to beat a Part 36 […]

THE NEW PART 36: PART 4: WHERE A COSTS BUDGET IS LIMITED TO COURT FEES

This is the fourth in the series of posts on the new Part 36 coming into force on the 6th April 2015. The rules contain a brand new provision that deals with the position where a offeror’s costs are limited to court fees.  The rules allow a party to recover 50% of their costs if […]

THE NEW PART 36: PART 3: UNACCEPTED OFFERS AND INCREASED RESTRICTIONS ON DISCLOSURE OF OFFERS

This is the third in the series of posts that deals with the Part 36 provisions coming into force on the 6th April 2015. Here we look at the rules restricting disclosure of a Part 36 offer and some important new provisions. RESTRICTIONS OF DISCLOSURE OF A PART 36 OFFER The provisions preventing disclosure of […]

CIVIL CASE OF THE YEAR: AA -v- LBS: DAVID -v- GOLIATH?

There were only a few comments when I asked, on twitter, for recommendations for the civil case of the year.  I have overlooked the obvious candidate (Denton)and gone for a case that can, and should, reinvigorate belief in the civil justice system. The decision of HH Judge Anthony Thornton QC in AA -v- London Borough […]

THE NEW PART 36 PART 2: OTHER EFFECTS OF ACCEPTING A PART 36 OFFER

This is the second part of a series dealing with the new provisions of Part 36 which comes into force on the 6th April 2015. The first in the series can be found here. Here we look at the new rule 36.14  dealing with the other effects of accepting a Part 36 offer. CPR 36.14 […]

ADMISSION UNDER THE PROTOCOL AND PORTAL MAY NOT BE BINDING IN SUBSEQUENT PROCEEDINGS

Is an admission made by an insurer under the Portal binding on the parties in  a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was binding. Here we look at a decision of a district judge who held that it […]

THE ADVOCATE AS WITNESS: PROCEDURE WHEN A REPRESENTATIVE HAS TO GIVE EVIDENCE

Previous posts have dealt with the problem of defining the line between submissions and evidence – with the dangers that an advocate could be “giving evidence”. However there are circumstances in which an advocate may have to give evidence as to what has gone on at a hearing. This was the scenario considered by Mr […]