Overview
Defendants are increasingly making Calderbank offers alongside, or instead of, Part 36 offers as a strategic tool to influence settlement negotiations and costs outcomes. Understanding why these offers are being used, how they differ from Part 36 offers, and the risks they present is essential for practitioners advising clients in litigation.
This practical webinar will examine the tactical use of Calderbank offers, comparing them with Part 36 offers and exploring the key procedural and costs implications of each. Delegates will gain practical guidance on advising clients where simultaneous offers are in play, responding to common defence tactics, and deploying effective claimant counter-strategies.
The session will also cover the practicalities of making and accepting offers, including issues surrounding service and acceptance, the respective risks for claimants and defendants, and the latest case law shaping this evolving area of civil procedure. Attendees will leave with a clearer understanding of how to navigate settlement negotiations while protecting their clients' positions on costs.
The content
This webinar will analyse review the reasons why defendants make Calderbank offers and explore the tactics and counter tactics you need to know, as well as risks to manage, including:
- Key differences between Part 36 offers and Calderbank offers in relation to offer and acceptance as well as terms generally
- Potential costs consequences of Part 36 offers
- Potential costs consequences of Calderbank offers
- Dealing with and advising on simultaneous offers
- Defendant tactics
- Claimant counter tactics
- Service of offers and “service” of acceptance
- Risks for claimants
- Risks for defendants
- Latest cases
The speaker
"Very engaging throughout and explained things in a great way whilst following the handout"
"John is a consistently excellent presenter who entertains, enthuses and encourages in equal measure"
"John is always a pleasure to listen to. I wish he worked with us!"
"John was engaging, knowledgeable and used cases of his own to illustrate his points really well. A very good speaker!"
"John McQuater is one of the best speakers on the legal training circuit"
APIL Past President, Director of Switalskis Solicitors Ltd
John McQuater qualified as a solicitor in 1983 and is Technical Director in the Serious and Brain Injury Department at Switalskis Solicitors... view full biography