Sunday 30 September 2012

PART 36

There is one statement in the superb 'White Book ' commentary which is wrong .At 36.1.3 it is asserted that a defective offer can still potentially have Part 36 consequences. Well no it cannot.See 'Civil Costs ' by Dr Friston and the Court of Appeal decision in CARILLION V PHI GROUP ( 2012) EWCA Civ.588. A new supplement has been published but it only refers to one case in the Part 36 update and it is not this very important clarification of the law.