Part 36 Does What It Says (Again): A Commentary on Jolly v. Harsco Infrastructure Services Limited - Philip Turton, Ropewalk Chambers
16/01/13. Since the last change made to Part 36 by the Rules Committee on 6th April 2007, that section of the Civil Procedure Rules has probably occupied the Courts more than any other. Practitioners who may not have immediately appreciated the consequence of the changes then made have, in due course, been replaced by practitioners seeking every more inventive ways to obtain advantage for their clients. There can be no doubt that Part 36 has attracted applications both ingenious and convoluted in their attempt to either invoke or avoid what would otherwise be its consequences.
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