Part 36 Offers - The Pitfalls

Part 36 Offer

  • 11 ratings, 202 users enrolled

Course Overview

A well-executed Part 36 offer is a key tactical weapon which simultaneously pressurises your opponent to settle the case, whilst affording your client some protection in respect of their position on costs, should a settlement fail to be achieved.

Part 36 offers are not without risk and it is crucial that practitioners remain vigilant during proceedings so that they may assess whether the offer should be accepted, revised or withdrawn depending upon the circumstances.

During this 30-minute session solicitor Peter Causton will provide viewers with an overview of the different types of offers which practitioners can make, including open offers, Calderbank offers and without prejudice offers. Peter will discuss the pros and cons of each approach and outline the circumstances in which it is most appropriate to use each offer.

The requirements for making a Part 36 offer which complies with CPR 36.5 will be discussed at length. Consideration will also be given to what you need to be aware of when accepting an offer, attempting to beat an offer and other factors such as cost budgeting and appeals.

Part 36 has historically been the topic of extensive case law, much of which viewers will already be familiar with. This session will finish by providing viewers with a round-up of recent case law including:

          James v James [2018] EWHC 242 (Ch)

          Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB)

          Gamal v Synergy Lifestyle Ltd [2018] EWCA Civ 210

What are the requirements?

  • Watch the recorded webinar and review the supporting documentation
  • This course provides 0.5 CPD points

Learning Outcomes

  • On completion of this course you will be aware of the pitfalls which can catch practitioners out when making Part 36 offers and how to avoid them. You will also have a greater understanding of how you can utilise Part 36 offers to the advantage of your client.

What is the target audience?

  • Civil and PI practitioners

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About Instructor - Peter Causton

Peter is an independent commercial and civil mediator. He is an excellent communicator and negotiator, having originally trained as a barrister and then qualified as a solicitor advocate. He has over 20 years experience as a solicitor practising in commercial and insurance litigation, with particular expertise in the field of professional indemnity/negligence law.

Peter has been shortlisted for the Law Society’s In-House Solicitor of the Year Award 2017.

Peter is a member of the Insurance Working Party of the CCBE and is involved in developing EU policy on Insurance law. He has been involved as a member of the Civil Justice Council Costs Committee, reviewing guideline hourly rates for the profession and is knowledgeable about costs assessment and litigation funding.

Peter is co-author of PI Brief’s book on ADR for Personal Injury Lawyers.

Peter is on the editorial board of the Jackson ADR Handbook which is the authoratative guide to ADR used in every Civil Court in England & Wales.  He is also a Board Member and Director/Trustee of the Civil Mediation Council Limited. He is also a member of the Civil Justice Council Costs Committee.

Peter has taken part in numerous mediations and has undertaken mediator training and ODR training.

As a Deputy District Judge, he also knows from his own experience about what happens when parties cannot reach agreement and the Court has to adjudicate.

As a member of the editorial board of the Jackson ADR Handbook and board member of the Civil Mediation Council, Peter is up to date with developments with respect to ADR in the UK and recently presented a seminar for the Law Society on ODR. Peter has conducted telephone and time limited mediations. He has been involved in the Business Dispute Resolution Commitment initiative, similar to the ADR pledge.


Course Curriculum

Recorded Webinars

  • Webinar
    00:29:26

Supporting Documentation

  • Slides
    12 Page

reviews

    1 month ago
  • Very interesting and informative.
    7 months ago
  • A well presented course giving a good initial insight into part 36 offers
    10 months ago
    1 year ago
  • Last slide was not covered on 3 cases which would have made the course complete attracting the 5th star. Otherwise a knowledgeable instructor and worth watching the webinar.
    1 year ago