Civil Litigation Update 2026

Key Subjects

• The Part 36 Update
• Litigation Conduct and Misconduct
• All Change: Recent and Forthcoming Reforms
• A Round-Up of Recent and Ongoing Issues
• Mediation: Tactics

Speakers

Dominic Regan, Head of the Knowledge Hub, Frenkel Topping

Rupert Cohen, Barrister, Landmark Chambers

Conference Programme

9.30am Chairman’s Introduction

The Part 36 Update

Part 36 remains one of the most powerful tools available to litigators. A well-pitched offer can significantly alter the economics of a case, and recent decisions continue to refine the courts’ approach to this important regime.

Topics include:

• Percentage offers following the Court of Appeal’s 2026 reversal
• What constitutes a genuine attempt to settle?
• The Part 36 rewards regime
• When an invalid offer may still have costs consequences
• Best practice when making Part 36 offers
• The consequences of late acceptance

Dominic Regan, Head of the Knowledge Hub, Frenkel Topping

Litigation Conduct and Misconduct

The courts continue to take a robust approach to unreasonable litigation behaviour. This session reviews recent authorities and highlights the conduct issues that every litigator should have on their radar.

Topics include:

• The duty to act reasonably towards your opponent
• New guidance on costs budgeting sanctions
• Denton and the dual costs threat
• CPR 44.11 and misconduct costs orders
• Abuse of process in 2026, including the Gerry Adams litigation
• Breaching the indemnity principle

Dominic Regan, Head of the Knowledge Hub, Frenkel Topping

All Change: Recent and Forthcoming Reforms

While the Civil Procedure Rules are constantly evolving, several more fundamental reforms are now taking shape. This session examines key developments likely to affect litigation practice in the months ahead.

Topics include:

• Reform of the Solicitors Act 1974
• Long-awaited changes to the rules on service
• Further developments in “costs management lite”
• Access to documents placed before the court
• Improvements to PD 57AD disclosure
• New wording for certain claim forms and witness statements
• Updated guideline hourly rates

Dominic Regan, Head of the Knowledge Hub, Frenkel Topping

A Round-Up of Recent and Ongoing Issues

This session considers a range of important developments and emerging challenges that continue to generate debate and practical difficulties for litigators.

Topics include:

• The impact and consequences of Mazur
• Artificial intelligence and litigation practice
• ADR protocols and recent developments
• Medical agency fees

Dominic Regan, Head of the Knowledge Hub, Frenkel Topping

Mediation: Tactics

This session explores the practical and strategic considerations that can determine success in mediation.

Topics include:

• How to prepare effectively for a mediation
• How to maximise your client’s chances of achieving a successful outcome
• What to look for when selecting a mediator
• The psychological dynamics at play in mediation

Rupert Cohen, Barrister, Landmark Chambers

5.00pm Close of Proceedings