Podcast Location:
Download it here [file size: 19.7 MB]
Categories:
Civil Litigation, Procedure & Settlement
CPD Points:
Up to 1 point. details »

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

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

This will provide a useful update for all civil practitioners on the recent changes made to CPR Part 36. It is aimed at lawyers of all levels of experience.

Outcomes:
After completing the course you will:
  • Understand the prescribed form for Part 36 offers;
  • Understand the rules concerning Part 36 payments;
  • Understand the implications for costs when an offer is withdrawn;
  • Be aware of the relevant time limits;
  • Understand the rules by which a Part 36 Offer can be accepted.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Legislative Updates
Panel Discussion
Practical Guide
Sources and References:
  • The Civil Procedure Rules Parts 36, 44 and 43;
  • Stokes Pension Fund v Western Power Distribution (South West) Plc [2005] EWCA Civ 854;
  • Flynn v Scougall [2004] EWCA Civ 873;
  • Cumper v Pothecary [1941] 2 KB 58;
  • Read v Edmed [2004] EWHC 3274;
  • Painting v University of Oxford [2005] EWCA Civ 161.

In this podcast, Jack Harding interviews Angus Piper and Mark Whittaker about the provisions of Part 36 of the Civil Procedure Rules.

The discussion is focused in particular on the difference between the new provisions, which came into force on 6th April 2007, and the rules under the old regime. A number of important amendments have been made with the purpose of streamlining the process and addressing perceived weaknesses in the old regime. There is a detailed examination of the new provisions and transitional provisions by the speakers and commentary on the likely effect of the changes.

Angus Piper and Jack Harding are both barristers at 1 Chancery Lane Chambers and Mark Whittaker is a partner at Weightmans solicitors.

Podcast Added: 8/11/2007 Podcast Reviewed: 8/07/2010

Podcast last reviewed: 2012-01-30

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