CPR Part 36 with Dominic Regan - Don't Come Unstuck
Part 36 is more important than ever before. It opens the way to greater damages, higher costs and more interest on both.
The rule can enable a partial escape when no budget is filed - it trumps the ever expanding fixed costs regime and can even enable a party to get more than the budget permits.
However, it is tricky and technical as the Court of Appeal declared in Webb. Indeed, cases this year have shown how vastly experienced practitioners can come unstuck. Even the Judiciary is making mistakes.
What You Will Learn
After a brief reminder of the core requirements, Dominic's talk will concentrate upon the developments which you really need to know; including:
- The £125,000 claim forcibly settled for £950
- The new approach to the measure after Glencore and what to do about it
- The impact of a voluntary payment
- Why you should use the Court form
- Inadvertent rejection of offers
- Are Sunset clauses worthwhile?
- Breaking away from the budget
- To what does the Jackson uplift apply?
- What counts as a genuine effort to settle?
- What to do as defendant when confronted with a high claim you think has modest value only
- The outcome of the Court of Appeal judgment in Hislop v Perde
Dominic Regan assisted Sir Rupert Jackson with proposals in both the 2009 and 2017 reform reports. He is honorary Special Adviser to the Association of Costs Lawyers and contributes to The New Law Journal, Litigation Funding and Counsel Magazine.
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