Part 36 decisions in 2023

This year has already delivered a bumper crop of Part 36 judgments, more at this point than in any other year since it was implemented in 1999.

For example, there has been a slew of rulings on whether offers providing just a small discount on the claim are genuine attempts to settle, several decisions on whether it is just to allow the usual consequences of beating an offer, judicial concerns about the trend of 90/10 liability-split offers, and a first High Court decision on how to deal with an offer covering both the lump sum and periodical payments in a clinical negligence case.

October also sees a new Part 36 rule in the fixed costs world of the intermediate track.

This webinar will attempt to make some sense of what is developing, including:

• Are percentage offers legitimate?
• What should happen where a claimant accepts out of time?
• How much of a discount is expected for an offer to be a genuine effort to settle?
• What happens where an offer embraces both a lump sum and a periodical payment proposal?
• When does a trial start?
• Should the court apportion rewards?
• Must an offer be served upon every opponent?