Part 36 v Calderbank: rise of the reforms

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 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…

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