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ARTICLE · 16 NOVEMBER 2011

Not A Penny More, Not A Penny Less…

Boyes Turner
Boyes Turner
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Update on settlement offers under Part 36 of the Civil Procedure Rules.

United KingdomLitigation, Mediation & Arbitration
Rowan Turrall
Rowan Turrall

Update on settlement offers under Part 36 of the Civil Procedure Rules.

It seems hardly a week goes by without the court providing clarification on the meaning of settlement offers under Part 36 of the Civil Procedure Rules but the latest update is a change to the rule itself rather than a new interpretation by the court. The amendment applies in relation to offers to settle made on or after 1 October 2011 and has the effect of overturning the Court of Appeal decision in Carver v BAA [2008] which has since caused some confusion.

Part 36.10 sets out the costs consequences which the court will impose on judgment when a Part 36 offer has been made and not accepted. The rule applies where upon judgment being entered:

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