Part 36 Offers: navigating the fine line between a ‘tactical’ offer and abuse of the regime—Solicitors Journal
Associate Emma Lowe has written an article in the Solicitors Journal delving into the balance required when making Part 36 offers in litigation. While these offers serve to encourage settlements and exert cost pressures, they must genuinely aim to resolve disputes and not abuse the regime. Through examining case law, Emma explores how to determine the authenticity of Part 36 offers and highlights how judicial scrutiny is evolving to prevent abuse of the system.
Cases signal a growing judicial awareness of potential abuse of the Part 36 regime and willingness to scrutinise offers, to ensure they align with the underlying purpose of facilitating genuine settlement."
The full article is available to read online at Solicitors Journal.
Emma Lowe in the trusts wills estate disputes team and has experience of acting for private individuals, trustees and charities on a range of contentious trust and probate matters.
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