CPR Part 36

Dominic Regan was scathing in the New Law Journal of 19 November about the government’s proposals in respect of CPR Part 36. Firstly it is consulting on whether to reverse Carver v BAA which the Court of Appeal has already effectively circumvented in Gibbon v Manchester City Council. Professor Regan commented that the government do not seem to have heard of Gibbon and that ‘it beggars belief that those in charge of law reform could be so ignorant’. He also took the government to task for suggesting in the consultation paper that the Jackson proposal to give a claimant who succeeds on the Part 36 offer a 10% uplift on their damages be implemented by a regime of bands and degrees of success. He said: ‘Nonsense. Part 36 is tricky enough without adding more layers of calculation and incumbent uncertainty.’