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Part 36 and the Importance of the Right Information at the Right Time.

Part 36 refers to a specific section of the Civil Procedure Rules (CPR) in English law that deals with the procedure for making and accepting settlement offers in civil litigation.

It provides a framework for parties involved in civil disputes to make formal settlement offers and it generally encourages financial settlements outside of court.

One of the key drivers promoting out of court settlement are the significant cost consequences for the rejecting party. If the eventual court judgement is no more favourable than the offer, the financial consequences typically include enhanced costs, interest and indemnity costs.

This is an important, but not commonly discussed, part of civil law although it recently gained notoriety in the matter Hugh Grant -v- The Sun Newspaper (News Group Newspapers).

The famous actor’s X (formerly 'Twitter') account summarises the reasoning behind settling at this stage even when he is reluctant to do so in a series of tweets. The reason for settlement is a Part 36 offer, and one particular tweet condenses it in a succinct manner from the perspective of his case:

Time is a critical factor in any settlement offer and a Part 36 offer may put some additional pressure on the receiving party, given the financial implications previously discussed and the time frame specified in the offer.

This makes having the right information at the right time especially important.

With time pressure often comes a rearrangement of priorities, and looking for specific information to assess if it is wise to take the offer.

Viewed from the standpoint of the party extending the offer, it is essential to thoroughly gauge the appropriate settlement sum.

Depending on the unique dynamics of the case, and the party's position as a claimant or defendant, there may be strategic benefits to initiating the offer process earlier, given that interest and other costs may be charged to the rejecting party as previously mentioned. In this scenario, quickly and effectively obtaining the necessary information may take precedence.

eDiscovery platforms are equipped with tools that can help find information with specific characteristics or about a topic in particular.

At Arkus, our commitment to a highly consultative approach ensures that our clients effectively harness the full potential of our eDiscovery suite and workflows, especially when the stakes are highest and when priorities are ever changing.

With limited time to accept or reject a Part 36 offer, it is important to reflect on the speed to knowledge.

The time to identify the required information is reduced by having the right data, using the best practices for processing and being able to take advantage of the searching, analytics and AI tools.

The Arkus team will guide you through each step so that you understand your options and what they mean for your case. We are wholly focused on enabling you to find answers in your data as much as possible in the most efficient way. Our approach is to have constant communication with our clients and an open line for you to call anytime to provide a truly consultative experience.

Get in touch to solve your data challenges and access the right information when you need it.

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