Description
Changes to Part 36 Resulted in a Change of Approach:The Court of Appeal held that the changes brought in by the Civil Procedure (Amendment No.3) Rules 2006 (replacing the system of payments into Court with formal offers to settle) had resulted in a change of approach. Under the new approach, a wider consideration of the circumstances of a case was permitted in determining whether a case had been worth fighting. The phrase “more advantageous” was “open-textured” and allowed for a wide-ranging review of all the facts. In the instant case, the trial judge had been to correct to find that the small financial gain made by the Claimant was offset by the stress of the trial proceed itself.
