‘A Practical Guide to CPR Part 36’ by Mike Winston

Paperback: 978-1-912687-05-3
Publication due: TBA
Price: TBA


The ability to make timely and effective offers to settle is vital for the modern litigator. Using the wrong type of offer or making defective offers can literally cost thousands in damages and costs.

Part 36 has grown to become the most powerful tactical weapon in both claimant and defendant lawyers’ arsenal but its complexity and the plethora of case law in this area means that mistakes are frequently made.

This practical guide is aimed at all litigators (both claimant and defendant) and is intended as a ‘go-to’ reference to help strategically balance the need to protect clients’ positions whilst maximising results.

  • Making robust, valid Part 36 offers
  • When are Calderbank offers more appropriate?
  • Clarifying offers
  • Part 36 and the portal
  • When should (and shouldn’t) Tomlin orders be used?
  • Tactical use of ‘time-bomb’ offers
  • When is it ‘unjust’ to follow the normal rules?
  • Part 36 in split trials
  • Withdrawal / changing of offers
  • Late acceptance – what costs are payable?
  • Indemnity costs for Claimants following Broadhurst v Tan
  • Offers to settle in cases involving multiple parties – avoiding the pitfalls and ensuring your client is fully protected
  • QOCS in personal injury claims – when can it be disapplied?
  • Who could be ‘a person other than the Claimant’ under CPR 44.16?
  • What is a ‘pre-commencement funding arrangement’ under CPR 44.17?
  • Tactical use of rule 3 in QOCS cases
  • Fundamental dishonesty – is there any need to raise it since Howlett v Ageas?


Mike Winston is a solicitor-advocate (all courts), a freelance legal trainer and a learning and development consultant at a national law firm.

He has over 20 years’ experience as a litigator and advocate and has handled a wide variety of matters from simple debt actions up to injury claims of the utmost severity (brain injuries, spinal injuries and amputations). He is an experienced and award-winning legal trainer.

Mike designs and delivers training courses on a variety of litigation and advocacy subjects for all levels of lawyer and trains extensively on the use of CPR 36.

He lives in North Lancashire with his wife and three children.