THE LAST WORKING DAYS OF THE “OLD” PART 36: LINKS TO POSTS & ARTICLES ON THE NEW RULES

The new Part 36 comes into force on the 6th April. Here are links to posts and guidance in relation to the new rules on this blog and then links to many other commentators.

POSTS ON THE NEW PART 36 ON THIS BLOG

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.

Post 8

Deals with the structure of the new rule and recaps previous posts

Post 9 

Deals with how the new rules reflects and changes the existing case law

Post 10

Has 18 key points of the changes

OTHER BLOGS, POSTS AND ARTICLES

From Practical Law Dispute Resolution

Finally, if you want to know how the rule came to be drafted then consider Kerry Underwood’s musings in All Together Now

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