Overview

This webinar provides a practical and up-to-date examination of the making and receiving of Part 36 offers on the issue of liability in 2025. It will consider the latest Court of Appeal authority supporting the use of Part 36 offers on liability and explore how “liability” is analysed across different causes of action, including negligence and intentional torts.

The session will address how liability issues should be defined within a claim, how offers can be framed by reference to those issues, and the formal requirements governing the content and validity of Part 36 offers. It will also examine the potential consequences of liability-only Part 36 offers, including when such consequences may be considered unjust, with particular focus on timing and the effectiveness of early or high-percentage offers.

Practical guidance will be given on responding to liability offers made by defendants and on providing appropriate advice to claimants when considering such offers.

Learning Outcomes

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

• Understand the latest Court of Appeal guidance on the use of Part 36 offers in relation to liability
• Analyse how “liability” is defined and applied in negligence and intentional tort claims
• Identify and define the key liability issues arising in a claim
• Frame Part 36 offers by reference to discrete liability issues
• Apply the formal requirements relating to the form and content of Part 36 offers
• Assess the potential costs and procedural consequences of making or rejecting a Part 36 offer on liability
• Evaluate when the application of Part 36 consequences may be unjust, including issues of timing and the effectiveness of early or high-percentage offers
• Respond effectively to liability-only Part 36 offers made by defendants
• Provide clear and appropriate advice to claimants when considering Part 36 offers on liability