Part 36 consultation

In its response to the DCA consultation paper on CPR Part 36 offers to settle and payments into court, the London Solicitors Litigation Association (LSLA) observed that it seemed perverse for the rules to be changed so that, in terms, those who can afford to pay into court do not have to do so, whereas those who cannot demonstrate financial security have to pay in. Its members expressed a strong preference for all defendants to be permitted to make offers rather than payments into court. If the Rule Committee considered that Part 36 should move towards a system of offers rather than payments-in, whether on a blanket basis as the LSLA proposes, or on a more restrictive basis as the consultation paper proposes, the approach to the withdrawal of offers should also change. Inevitably a greater freedom to make offers implies a greater freedom to withdraw.