Budgeting, Part 36 & Settlement - A Masterclass with Dominic Regan
This new full day course will provide you with a comprehensive update on 3 of the most important areas for litigators.
Budgeting has generated several significant judgments in the last 18 months and many litigators still run into difficulties which is unsurprising given the fine, technical issues which arise.
Similarly, 2018 saw 20 decisions on aspects of Part 36, a quarter of them from the Court of Appeal. It is imperative that practitioners know their way around this vital measure.
Negligence traps abound and the failure to make an effective offer can cost tens of thousands of pounds in both damages and costs.
What You Will Learn
The course will cover the following:
Costs Management & Budgeting
- When is the budget due?
- Which cases are excluded?
- Dealing with the split trial dilemma
- The most common error made in cases
- Late budgets and how best to secure relief
- The workaround where CPR3.14 is applied
- Hourly rates
- When can a budget be varied?
- Dealing with an absurdly low budget from the other side
- Getting payments on account
- Proportionality and how to circumvent it
Part 36 & Settlement
- Getting the wording right
- The impact of a withdrawn offer
- What happens if a claim is amended?
- Costs after late acceptance
- When should the 10% uplift be withheld
- Sunset clauses
- Rejection and Calderbank offers
- Can an offer be accepted after a claim is struck out?
- The enormous difference between variation and withdrawal of offers
- The interplay between ADR and Part 36
9:30am - 5:15pm
9:30am - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme