Part 36 offers

Part 36 offers

CPR 36 is a self-contained set of rules that is designed to encourage the parties to settle, all or part of their dispute. It was introduced in 1998 and has undergone several reforms since then. Its most recent, major overhaul was in April 2015. This rewrite was predominantly a tidying up and codification of the existing rules but there were a number of important changes.

CPR 36 can be difficult to understand and can have massive ramifications for either party if it is not properly understood and is used incorrectly. In this topic, guidance is provided on what a Part 36 offer is, its effect and when and how to make a valid Part 36 offer. Information is also provided about what the offeree needs to do after a Part 36 offer has been made, to include deciding whether to accept a Part 36 offer, how and when to accept it and when and how to seek clarification. Information is also provided in respect of when an offeror may wish to withdraw or vary a Part 36 offer and how they should do this. There is also guidance

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest PI & Clinical Negligence News

HM Treasury publishes statutory report on Civil Liability Act's insurance impact

HM Treasury has published its statutory report examining the effects of the Civil Liability Act 2018 on motor insurance costs and policyholder benefits. The report analyses how the Act's whiplash reforms and changes to personal injury discount rates have affected insurers' costs in England and Wales. The publication fulfils Treasury's obligation under the Act to report to Parliament by 1 April 2025 on cost changes and policyholder impacts.

PI & Clinical Negligence weekly highlights—27 March 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes the draft Whiplash Injury (Amendment) Regulations 2025 which propose a 15% increase in whiplash injury tariffs for accidents that occur from 31 May 2025. We consider a County Court decision which allowed an application to add the Commissioner of the Police as a second defendant in a road traffic accident claim. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

DHSC publishes impact assessment on mandatory health information standards

The Department of Health and Social Care (DHSC) has published an impact assessment examining the effects of making information standards mandatory for both public and private healthcare providers under section 95 of the Health and Care Act 2022 (HCA 2022). The assessment, evaluates the implementation of standardised requirements for data collection, storage and processing across Care Quality Commission-registered providers in England.

Ruling on specific disclosure applications, transcripts: privilege and redactions (Clarke v Guardian)

Dispute Resolution analysis: The court has dismissed two disclosure-related applications by Noel Clarke at the outset of his libel and data protection trial against The Guardian. The claimant sought: (1) disclosure of the defendant's certified transcripts of audio files, and (2) the removal of redactions made, according to the defendant, to protect confidential journalistic sources. The judge held that transcripts of non-privileged conversations cannot be privileged, even when produced for litigation purposes, but nevertheless declined to order disclosure where it was not necessary for the fair disposal of the trial. She also refused the redactions application, where the claimant had plainly failed to establish convincingly that it was necessary to override the important public interest, in the interests of justice, in protecting journalistic sources. Written by Isabella Piasecka, managing associate and Sam Clare, trainee solicitor at Mishcon de Reya LLP.

View PI & Clinical Negligence by content type :

News