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(a) |
Freshfields,
reporting on the first year's experience of the reforms, noted :- |
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"Whilst
Pt 36 has only been in operation for 12 months, and there have as yet been relatively few
reported decisions on the application of the new rule, the preliminary indications are
that Pt 36 offers are being made in practice on a regular basis (particularly by
claimants). In many cases this is leading to realistic settlements being achieved well in
advance of trial (and in some instances, without the need for proceedings to be
commenced)." (Note 276) |
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(b) |
Writing
from the perspective of personal injury insurers, Mr Geoffrey Reed notes that the
flexibility of Part 36 payments and offers has been welcomed. He also notes that even the
ability of claimants to make Part 36 offers has been viewed positively, such offers
serving "to concentrate an insurer's mind wonderfully" and actually to
"help an insurer to quantify the risk he is facing: and to assess the economics of
continuing to contest the claim." He reports that "Part 36 offers from claimants
have often led to an expeditious settlement." (Note 277) |
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(c) |
Mr E P
Greeno of Messrs Herbert Smith, writing on the first two years' experience of the reforms,
(Note 278) comments as follows :- |
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"Litigators
have taken quickly to this innovation, particularly claimants who are likely to be in a
position to make a sensible Part 36 offer shortly after commencement of proceedings (due
to the increased work required under the CPR prior to proceedings being commenced). The
defendant is then under pressure to accept the offer at a time when he may be much less
well prepared to assess the claimant's claim accurately." |
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| 322.3 |
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Similar
rules have been adopted in New South Wales. (Note 279) |
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| 322.4 |
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It may be
noted that even Professor Zander, the arch-critic of the Woolf reforms, has expressed
himself to be wholly in favour of the Part 36 procedure, regarding it as "a gain in
terms of fairness" and likely to result in more early settlements. (Note 280) |
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| 323. |
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The
favourable reception of Part 36 strongly suggests that similar provisions should be
adopted in Hong Kong. Readers are asked to express their views on Proposal 15. |
