THE NEW PART 36: PART 8: STRUCTURE OF THE NEW RULE AND A RECAP OF POSTS TO DATE

Here we look at the structure of the new Part 36. The section part of this post recaps and provides links to the earlier posts on the new Part 36.  Future posts will deal with the impact of the new rules on existing case law and provide a summary of the major changes.

STRUCTURE OF THE NEW RULE

The new Part 36 has a logical structure.

1. 36.1 contains a definition of the scope of the section.

SECTION 1

There is then a Section 1. This deals with all claims except claims in the RTA, EL and PL Portal.

This section is turn deals with.

1. Making offers.

2. Clarifying, withdrawing and changing the terms of offers.

3. Accepting offers.

4. Unaccepted offers.

5. Personal Injury claims.

6. Miscellaneous (this deals with Part 36 offers in cases where the courts have assessed the offeror’s budget as nil).

SECTION 2

Deals with offers under the RTA, EL and PL Portals.

POSTS  ON THE NEW PART 36 ALREADY ON THIS BLOG

Here are links to, and summaries of, the first seven posts on the new Part 36.

Post 1

Deals with the new 36. 1 – 13.

  • The scope of Part 36.
  • Offers can still be made outside Part 36.
  • Definitions.
  • The application of Part 36 to appeals.
  • Form and contents of a Part 36 offer.
  • Pre-action offers and the date when an offer is made.
  • Clarifying, withdrawing and changing the terms of an offer.
  • Withdrawing or changing an offer before the expiry of the relevant offer period.
  • Acceptance of a Part 36 offer.
  • Acceptance of a Part 36 offer in a split trial case.
  • Costs consequences of a Part 36 offer.

Post 2

Deals with the offer effects of making a Part 36 offer

  • The main terms if an offer is accepted.
  • What to do if payment is note made.
  • If the offer is not for a sum of money.

Post 3

Deals with unaccepted offers and the increased restriction on the disclosure of offers after split trials

  • Restrictions on disclosure of a Part 36 offer.
  • Disclosure after a split trial.

Post 4

Deals with the new rule as to recoverability of costs after a Part 36 offer where the party making the offer has had their costs budget assessed at nil.

  • The issue
  • The new rule.
  • The consequences in relation to costs.
  • Costs budgeting when a nil budget sanction is imposed.

Post 5

Deals with the new provision for costs consequences following judgment – was the offer a “genuine attempt to settle proceedings”?

  • The factors the court takes into account.
  • Does the section have any relevance.
  • The purpose of the new rule and pre-existing case law.

Post 6

Deals with personal injury cases

  • The structure of Part 36 on personal injury cases.
  • The new rules

Post 7

Deals with the second section of the new Part 36 governing offers under the RTA and EL/PL Protocol.

  • Summary of the rules governing Protocol offers.
  • The new rules.

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