Podcast Location:
Download it here [file size: 24.6 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 will be of interest to all junior civil litigation practitioners interested in the tactics of offers to settle in civil proceedings, focusing on Part 36 and Calderbank offers. Barristers Aileen McErlean and Gemma Witherington from Hardwicke explain the formal requirements of making a Part 36 offer, how to accept an offer, the potential consequences of rejecting an offer, how the law relating to offers has changed since 1st April 2013 and how the courts have approached Part 36 principles in practice. It also explains what Calderbank letters are, how they differ from Part 36 offers, why one might wish to make a Calderbank offer and the practical considerations for doing so. This helpful guide flags up the major pitfalls and key considerations to keep in mind when considering offers in all civil cases!

Outcomes:
After completing the course you will:
  • Appreciate the role that Part 36 plays in the civil litigation process;
  • Know the formal requirements for making a Part 36 offer;
  • Recognise the major pitfalls that practitioners need to be aware of when considering making/accepting a Part 36 offer;
  • Appreciate the potential consequences of failing to accept an offer;
  • Understand how the courts are likely to approach Part 36 issues in practice;
  • Know how Calderbank Letters differ from Part 36 offers and why you might consider making a Calderbank offer;
  • Be aware of the practical considerations to keep in mind when making/accepting Calderbank offers;
  • Understand how the position has changed since 1st April 2013.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Introduction
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Blower v Reeves [2010] 1WLR 2081;
  • C v D and another [2010] EWHC 2940 (Ch);
  • Carillion v PHI Group [2012] EWCA Civ 588;
  • Carver v BAA plc [2008] EWCA Civ 726;
  • Drinkall v Whitwood [2004] 1 WLR 462;
  • Gibbon v Manchester City Council [2010];
  • Kunaka v Barclays Bank [2010] Civ 1035;
  • Midland Packaging Ltd v HW Chartered Accountants [2010] EWHC B16 (Mercantile).
Tags:

In this podcast barristers Aileen McErlean and Gemma Witherington from Hardwicke discuss the tactics of offers to settle in civil proceedings, focusing on Part 36 and Calderbank Letters.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 15th July 2013

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