Part 36: Pitfalls and Best Practice

Part 36 is a self-contained offer and acceptance settlement regime which carries certain prescribed costs consequences that apply depending on the outcome of a case.

The cost-shifting consequences of Part 36 are extremely powerful. However, the regime is not without its complexity, and getting formalities and strategy wrong can end up being costly errors.

In this session, we will focus on the tripwires that might invalidate a Part 36 offer, meaning the powerful prescribed costs consequences will not apply. We will also examine the cost consequences and when it might be possible to argue that they should not apply. Finally, we explore easy ways to help simulate the outcome of a Part 36 offer. This session will focus on cost consequences as they apply in multi-track proceedings.

Who this is for:

Litigation and business leaders.

Level of expertise:

Intermediate – some previous knowledge or awareness required.

CPD Hours:

This webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning Objectives

Attendees will gain practical insights on areas such as:

• Validity pitfalls
• Service and timing traps
• Amending and withdrawing offers
• Costs consequences in multi-track cases and when they apply
• The ‘unjust’ escape route
• Using a Part 36 tool to simulate cost consequences

Apply Part 36 principles to real examples, providing actionable insights.