Part 36 for Contentious Probate Practitioners - In 30 Minutes

Introduction

Part 36 is a notoriously difficult area of the CPR.

The minefield of navigating offers made and received is made evermore difficult with the court seeing a fine line between abuse of the rules and tactical offers.

Understanding what constitutes a ‘genuine attempt to settle the claim’ is complex and, with judicial discretion and conflicting case law, especially within the area of contentious probate, how do you navigate these and advise clients properly and fully?

What does the court deem a ‘significant’ concession?

Is a high offer automatically not deemed a ‘genuine attempt to settle the claim’?

The consequences of getting a Part 36 offer wrong can be considerable, both in terms of adverse costs as well as future settlement opportunities.

Conversely, getting a Part 36 offer right can have significant positive consequences for your clients.

This short webinar will explore recent case law in the area of contentious probate and Part 36 and how this affects you and your clients.

What You Will Learn

This webinar will cover the following:

• What can invalidate a Part 36 offer?
• When is the optimum time to make a Part 36 offer?
• Pre-action v post-issue Part 36 offers
• What are the consequences of a Part 36 offer?
• The threshold - a genuine attempt to settle the proceedings (CPR 36/17(5)(e)) v a significant concession
• The difference between tactical Part 36 offers and transparent abuse of process
• Tips on avoiding the potential pitfalls with Part 36 offers both made and received
• When is a Part 36 offer ‘beaten’?
• Costs from the estate - what does that mean with part 36 offers and who is liable for them?
• Using a Part 36 offer effectively in contentious probate matters including Fennessy v Turner
• Application of Part 36 offers in recent contentious probate case law

This pre-recorded webinar will be streamed at 12:30pm on Monday 22nd July 2024 and will remain available to view by delegates who have registered by then for 90 days.