A recent High Court decision has highlighted difficulties arising from the application of Part 36 in the context of split trials, or trials of preliminary issues: Ted Baker Plc v Axa Insurance UK Plc [2012] EWHC 1779 (Comm). Under CPR 36.13 the fact that a Part 36 offer has been made must not be communicated to the trial judge “until the case has been decided”. There is no carve-out for split trials, as there was under the previous version of the rule.
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