Overview

Part 36 remains one of the most powerful, and misunderstood, mechanisms within the Civil Procedure Rules. Described by the courts as a “self-contained code”, Part 36 operates with strict procedural and costs consequences that can dramatically alter the outcome of litigation. For practitioners, getting it right can deliver significant tactical advantage; getting it wrong can be costly.

This webinar revisits the key features of Part 36 through the lens of 10 leading cases that illuminate its operation in practice. It will explore the technical requirements for making a valid offer, the traps that frequently invalidate or undermine offers, and the circumstances in which the court may depart from the usual consequences on the basis that they would be “unjust”.

The session will also examine the consequences of a successful claimant’s Part 36 offer, the interaction between Part 36 and fixed costs regimes, the tactical use of Part 36 offers on liability alone, and the evolving relationship between Part 36 and QOCS. Throughout, the focus will be on practical guidance, risk management, and strategic deployment in both routine and high-value litigation.

Learning Objectives

By the end of this webinar, participants will be able to:

• Explain what is meant by Part 36 being a “self-contained code” and understand the practical consequences of that characterisation.
• Identify and apply the formal requirements for a valid Part 36 offer, avoiding common drafting and procedural traps.
• Analyse when the court may find that the usual Part 36 consequences would be “unjust”, and how to argue for or against such a finding.
• Advise on the enhanced consequences that follow a successful claimant’s Part 36 offer, including interest and indemnity costs.
• Understand how Part 36 operates within fixed costs regimes and the limitations that may apply.
• Assess the tactical use and risks of making Part 36 offers on liability alone.
• Evaluate the interaction between Part 36 and QOCS, including enforcement and costs implications.
• Use key appellate authorities to support strategic decision-making and client advice.

Target Audience

This webinar is ideal for litigators who want to sharpen their technical understanding of Part 36 and deploy it confidently and effectively in practice.