Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Beware Part 36 – Hardwicke Chambers

Posted July 3rd, 2012 in costs, news, part 36 offers by sally

“Although the heading to this article ought to be unnecessary, it is plain from recent judgments both in the High Court and the Court of Appeal that insufficient attention is being paid to the Part 36 regime by parties wishing to settle their differences.”

Full story

Hardwicke Chambers, 28th June 2012

Source: www.hardwicke.co.uk

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily

Posted June 26th, 2012 in appeals, costs, law reports, part 36 offers by sally

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183

“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Fail to Mediate at your Peril – Hardwicke Chambers

Posted March 6th, 2012 in arbitration, costs, news, part 36 offers by sally

“Those of us who act as mediators in property matters have been conscious for some time of the particular suitability of mediation as a forum in which to resolve disputes over property rights. The flexibility and breadth of the mediation process enable the parties to look beyond the strict legal principles with which a Court would be concerned and to identify and address as well the more esoteric and human issues which often lie just beneath the surface in cases involving land.”

Full story

Hardwicke Chambers, 2nd March 2012

Source: www.hardwicke.co.uk

Third Lecture in the Implementation Programme – Speech by Lord Justice Jackson

Third Lecture in the Implementation Programme (PDF)

Speech by Lord Justice Jackson

Judiciary of England and Wales, 31st October 2011

Source: www.judiciary.gov.uk

The Carver merry-go-round and assorted other attractions – Zenith Chambers

Posted October 11th, 2011 in civil procedure rules, judgments, news, part 36 offers by sally

“New rules and developments in Part 36.”

Full story (PDF)

Zenith Chambers, 10th October 2011

Source: www.zenithchambers.co.uk

C v D – WLR Daily

Posted June 2nd, 2011 in appeals, costs, law reports, part 36 offers by sally

C v D [2011] EWCA Civ 646; [2011] WLR (D) 186

“An offer to settle under CPR Part 36 could not be time limited. An offer stated to be ‘open for 21 days’ did not lapse at the end of that period, though it might be withdrawn by the offeror. On the facts, the terms of the offer, and subsequent emails, did not amount to a withdrawal of the offer.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

C v D and another – WLR Daily

Posted November 19th, 2010 in civil procedure rules, law reports, part 36 offers, time limits by sally

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Stockler v Revenue and Customs Comrs – WLR Daily

Posted August 4th, 2010 in appeals, income tax, law reports, part 36 offers, penalties by sally

Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222

“The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of the 1970 Act.”

WLR Daily, 3rd August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com

Posted July 3rd, 2010 in appeals, civil procedure rules, contracts, news, part 36 offers by sally

“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 2nd July 2010

Source: www.out-law.com

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Posted June 29th, 2010 in appeals, civil procedure rules, costs, law reports, part 36 offers by sally

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.