Upcoming CPR changes - Part 36

Article

02 September, 2014

It has been reported that The Civil Procedure Rules Committee (CPRC) is currently considering a number of possible reforms to simplify Part 36. In a report to the CPRC, Ed Pepperall QC argued that Part 36 had become increasingly technical and offers under it were failing because the rules were being misunderstood and misapplied. He continued to argue that the consequences of part 36 offers should be "so significant" that it was important that the person who received the offer clearly knew that it was made under the rule.

Possible changes include:

  1. Removing the need to formally withdraw a Part 36 offer and allowing time-limited offers instead;
  2. Making time to accept the offer run from the date of receipt, rather than service, of the offer;
  3. Introducing a new rule expressly dealing with the position for Part 36 offers by counterclaiming defendants and other parties;
  4. Tackling "cynical" claimant offers (where a claimant offers to accept 100%, or close to 100%, of its claim); and
  5. Changing the current position, so that judges can be told about an issue-based Part 36 offer, where that issue has been tried as a preliminary issue.

It is anticipated that the amendments to Part 36 will not be implemented until April 2015. We will keep you updated on any further news from the CPRC.

For further information please contact Sarah Wilkinson on 01254 662831 or email sarah.wilkinson@forbessolicitors.co.uk

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