Overview

The introduction of fixed recoverable costs across the fast track and the intermediate track included amendments to Part 36, so this is aligned with the fixed costs regime provided for under Part 45.

However, practitioners may receive offers purporting to be made under Part 36 which stipulate provisions for costs that do not reflect Part 45.

With cases which have not yet been allocated that can be a particular problem which generates the risk of satellite litigation.

Consequently, practitioners need to be aware of when fixed costs do, and do not, apply as well as the implications of expressly stipulating provisions for costs in a Part 36 offer when such provisions may not reflect the position under that rule.

It is also important to be aware of when parties can contract into and out of fixed costs.

This webinar will help practitioners understand these issues and hence the practicalities and tactics of Part 36 offers in a fixed costs regime.

The content

John will cover:

• Background and context
• Relevant provisions in the CPR:
  • Part 26
  • Part 45
  • Part 36
• Part 36 when fixed costs apply, and the prospect of contracting out
• Part 36 when fixed costs do not apply, and the prospect of contracting in
• Part 36 when fixed costs may or may not apply and the need for clarity