Part 36 Update - A World on its Own [2021]

Few practitioners expected when the part 36 regime was introduced in 1999 that it would continue to generate significant amounts of case law each year.

Now, past its 21^st birthday we look at a further series of Court of Appeal and High Court appeals together with changes to the Civil Procedure Rules that have occurred in the last 12 months.

A purpose behind the presentation is to equip any practitioner with the means to use part 36 is an effective tool of negotiation and/or pressure to compromise, coupled with the ability to effectively respond if you are on the receiving end of a well-pitched offer.

We will look at how the Rule change allows an offer to be much more attractive to the offeror and penalises the late accepter of an offer.

This will be in addition to a careful review of the cases and their implications generally.

• Rule changes.
• Court of Appeal cases.
• SCCO appeals.
• High Court appeals.
• Tactics and Tips.
• Pitfalls to avoid.