How to avoid Part 36 mishaps

With fixed recoverable costs now in place and capturing so many claims worth up to £100,000, the opportunity to exceed them by using part 36 is vital. In cases where costs remain at large, the reward regime can be extremely generous. However, as the Court of Appeal has explained, many lawyers come unstuck and fail to make valid offers, as shown by the seemingly never-ending stream of higher court decisions involving part 36. Several cases on whether offers are genuine attempts to settle have been handed down in recent months, for example, as have decisions on part 36 offers in probate, insolvency and detailed assessment proceedings, and whether a clinical negligence claimant who makes a part 36 offer combining both a lump sum and PPO must beat both elements.

This webinar will identify recurring problems which regularly catch out practitioners:

• What is the safest way to make a valid offer?
• Service of offers
• Timing
• Is it a genuine effort to settle?
• How to make a drop-hands offer
• Percentage offers – how high can you go?