Part 36, Part 44 and Calderbank Letters: Important keys to successful dispute resolution

John Tackaberry QC

October 2001

A paper based on a talk given to a meeting of the Society of Construction
Law in London on 2nd October 2001

The author looks at Calderbank and general offer letters (offers to settle
made without prejudice but with an intention to have an effect on costs,
where a payment in is not appropriate). He considers this at three stages:
during the pre-action steps, as an ongoing review of the 'offer
position' and when it comes to costs.

Introduction - Court rules in arbitration? - Offer letter
considerations when making orders for costs - Parts 36 and 44 -
Part 36 type consequences outside litigation - Conclusion.

The author:. John Tackaberry is a Queen's Council, ecorder, United
Nations Commissioner and registered chartered arbitrator; he was also
the founding President of the Society of Construction Law.

Text 16 pages.

PDF file size: 78k