Part 36 v Calderbank: rise of the reforms

 By David Nessim and Jonathan Smart

There has been a lot of buzz about the Jackson reforms. Shoosmiths highlights a few considerations that demonstrate that when trying to settle a dispute, the battle still rages about which settlement mechanism (Part 36 or Calderbank) is more advantageous.

The reforms have caused what is expected to be a boom in claimant Part 36 offers as opposed to Calderbank offers.

For claimant offers made on or after 1 April 2013, the claimant will also receive an extra ‘bonus’ to the damages they are awarded at court (unless the court considers it ‘unjust’) if they make a Part 36 offer that is rejected by the defendant and go on to beat that offer at trial…

If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.

Briefings from Shoosmiths

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…

Overview

2 Colmore Square
38 Colmore Circus Queensway
Birmingham
B4 6BJ
UK
http://www.shoosmiths.co.uk

Turnover (£m): 87.00
No. of Lawyers: 373