Civil Procedure CPR: 5. Settlement, Part 36 & Costs Consequences

What this covers: Using settlement devices in a way the exam rewards—Part 36 mechanics and consequences, WP/Calderbank strategy, consent/Tomlin orders, and how all of that drives costs outcomes.

By the end you can (for the exam):

• Decide whether to make a Part 36 or WP/Calderbank offer and predict the exact costs/interest consequences of outcomes above/below the offer.

• Check Part 36 validity (timing, clarity, relevant period) and state the consequences of an invalid “Part 36-style” offer.

• Draft the core terms of a Tomlin/consent order and explain when each is appropriate.

• Argue for standard vs indemnity costs with two clear reasons from conduct/proportionality.

• Explain summary vs detailed assessment and identify when each will occur on the facts.

• Compute interest/costs adjustments that flow from Part 36 outcomes in a numerical mini-example.

• Conclude an exam answer with the precise order a judge is likely to make on costs.