Podcast Location:
Download it here [file size: 36.4 MB]
Categories:
Civil Procedure
Costs & Funding
Settlement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at all practitioners involved in civil litigation. It aims to demystify the provisions of Part 36 in a bid to help practitioners understand and use it constructively as part of their litigation ‘toolkit’. It addresses key concepts such the relevant period, acceptance of offers and the balance of risk for a party in accepting or rejecting an offer and the possible consequences that may follow. This podcast concludes by exploring what likely impact Lord Justice Jackson’s proposed reforms to costs will have for Part 36.

Outcomes:
After completing the course you will:
  • Understand what Part 36 is and how Part 36 encourages settlement;
  • Understand the prescribed form and content of a Part 36 offer;
  • Understand what may happen if an offer that purports to be a Part 36 offer does not in fact comply with CPR Part 36;
  • Know when a Part 36 offer can be made;
  • Understand the relevance of the ‘relevant period’ to the way Part 36 works;
  • Understand what remains of the old Calderbank jurisdiction;
  • Understand the importance of keeping a check on the number of Part 36 offers that have been made;
  • Know when a Part 36 offer can be accepted and what consequences may follow depending upon the point at which it is accepted;
  • Understand the cost consequences of accepting a Part 36 offer and the offer is and isn’t beaten in the litigation;
  • Understand the cost consequences of rejecting a Part 36 offer and the offer isn’t beaten in the litigation;
  • Understand the balance of incentives between Claimants and Defendants when making Part 36 offers;
  • Understand the means by which a Part 36 offer can be withdrawn;
  • Understand where Jackson’s proposed reform to costs in civil litigation leave the Part 36 regime.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Civil Procedure Rules Part 36;
  • Medway Primary Care Trust & Anor v Marcus [2011] EWCA Civ 750;
  • Gibbon v Manchester City Council [2010] EWCA Civ 726;
  • AB v CD & Ors [2011] EWHC 602 (Ch);
  • Solomon v Cromwell Group Plc [2011] EWCA Civ 1584;
  • KT & ST (Minors) v Bruce [2011] EWHC B14 (QB);
  • C v D [2011] EWCA Civ 646.
Tags:

This podcast explores the provisions of CPR Part 36 examining what the rules are for, how they work and what consequences flow from accepting or rejecting a Part 36 compliant offer.

Podcast added: 14/03/12

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