Healthcare claims conversations - episode 1: Part 36, ADR and costs budgeting in focus

In the first episode of our ‘Healthcare claims conversations’ series, legal director Christian Lowden sits down with Professor Dominic Regan to discuss some of the key issues which affect legal practitioners, with a focus on Part 36, alternative dispute resolution (ADR) and costs budgeting.

Starting with a discussion on Part 36 offers, the elements they explore include the applicability of interest on an offer, and the validity of offers. Moving on to ADR, Professor Regan highlights the judicial authority to order ADR following the decision in Churchill, now embedded in the Civil Procedure Rules, the risks arising from unreasonably rejecting to engage in ADR, and where the burden rests in that respect.

Concluding with the topic of costs budgeting, among the areas Christian and Professor Regan consider are the exclusions applicable to claims pleaded at over £10m, and those where the claimant is a child, as well as the judicial power to override such exclusion.

Our next conversation will be looking at the development of AI in healthcare.