Although CPR 36.13(2) prohibits the fact of any Part 36 offer being communicated to the court until the case has been decided, an offer which is not a Part 36 offer is not caught by the prohibition nor is communication of the fact that a Part 36 offer has not been made. There is an urgent need for CPR 36.13 to be reviewed in order to deal with these difficulties and those which arise in split trials when awarding the costs of preliminary issues (Ted Baker Plc v Axa Insurance UK Plc).
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Informing the court about settlement offers
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