7 - Part 36 offers Flashcards
What is a Part 36 offer?
An offer made without prejudice to settle
Who can make a part 36 offer and when can they make it?
Either party can make a part 36 offer at any time
C makes Part 36 offer. D accepts.
Claim is stayed.
C makes Part 36 offer. D rejects. C wins and gets more than the offer.
D pays C’s costs
&
D pays penalty costs from end of relevant period -> trial
What is the ‘relevant period’?
21 days from Part 36 offer
What is the penalty period?
End or relevant period -> Trial
C makes Part 36 offer. D rejects. C wins and gets less than the offer.
D pays C’s costs
No penalty
C makes Part 36 offer. D rejects. C loses.
C pays D’s costs
No penalty
D makes Part 36 offer. C accepts.
Claim is stayed
D makes Part 36 offer. C rejects. C wins and gets more than the offer.
D pays C’s costs
No penalty
D makes Part 36 offer. C rejects. C wins and gets less than the offer.
Split costs order:
D pays C’s costs up to the end of the Relevant Period.
C pays costs from end of relevant period + interest
D makes Part 36 offer. C rejects. C wins and gets the same as the offer.
Split costs order
D makes Part 36 offer. C rejects. C loses.
C pays D’s costs
&
C pays interest
Does the P36 offer have to say ‘without prejudice’?
No, but it is good practice to say ‘without prejudice except as to costs’
what is the general rule on costs
unsuccessful party pays successful party’s costs - CPR 44.2(2)
