PART 36: RECENT DEVELOPMENTS AND PRACTICAL CONSEQUENCES: DETAILS OF THE WEBINAR ON THE 26th FEBRUARY 2025

A working — indeed, a detailed — knowledge of how Part 36 operates in practice is essential for all litigators. Although it is famously described as a “self-contained code”, it is a code whose application continues to develop, often in unexpected and sometimes unforgiving ways.

This webinar examines the most significant Part 36 decisions of the past 12 months, focusing on how the courts are interpreting and applying the rules in practice. It addresses recurring problem areas, including the validity of offers, the treatment of offers involving multiple parties, and the circumstances in which the court will (or will not) apply the usual Part 36 consequences.

The emphasis throughout is on practical impact: litigation strategy, risk assessment, and advising clients when making or responding to Part 36 offers.

(The rules and consequences of Part 36 – not a subject on which litigators can afford to have their heads in the clouds…)

Date and time

26 February 2026
2.00 pm – 3.00 pm, with additional time for questions

Booking details

Booking details are available here.

Tickets are for individual attendees only.
The email address of each attendee must be registered at the time of purchase.

Cost

£100 plus VAT per person

CLB members receive a 25% discount (details available here).

(Use the discount code when paying).

Subjects and cases covered

The webinar will cover, among other issues:

• Is it “unjust” for a party to bear the Part 36 consequences where an offer has been beaten only by a whisker?

• The consequences of a Part 36 offer made to multiple defendants where the claimant succeeds against only one.

• Whether a refusal to mediate has any impact on Part 36 consequences.

• Whether the usual Part 36 consequences should follow where a claimant has effectively offered nil on a counterclaim.

• Part 36 and the assessment of costs: how a party awarded indemnity costs can nonetheless end up out of pocket.

• The relevance and effect of a Part 36 offer that has been withdrawn.

• Factors considered when determining the rate of interest payable where a claimant beats its own Part 36 offer.

• Whether a party can argue that an offer was not “clear” where no request for clarification was made.

• Whether an offer of “two fields, three tractors and £20,000” constitutes a valid Part 36 offer.

• The impact of Part 36 offers when the court is considering whether to order an interim payment.

• Whether a “change of mind” amounts to a “change of circumstances” justifying permission to withdraw a Part 36 offer.

• Whether interest can be awarded on costs before those costs were actually incurred.

• Whether an agreement on damages reached after trial means that Part 36 ceases to apply.

• The distinction (if any) between a “judgment” and an “order” for the purposes of Part 36.

• Whether an offer on liability alone can be effective where the matter proceeds to trial on all issues.

• Whether a Part 36 offer displaces the effect of fixed costs.

• How the 21-day period prior to trial is calculated, including whether judicial reading days count.

• Whether a respondent to an appeal can make a Part 36 offer exceeding the apparent value of the claim — and whether such an offer is effective.

• Part 36 offers on costs: when they are effective and why they can be expensive for the receiving party.

Materials

All participants will receive the webinar PowerPoint slides after the event.
Those attending live will be able to ask questions and make observations during the webinar.

Steve Cornforth Consultancy

Those who obtain guidance and subsribe to the Steve Cornforth Consultancy may obtain a discount code directly from Steve.