costs and funding Flashcards
how does the court generally deal with costs in the fast track?
generally dealt with by summary assesment - judge will make a instant decision on the day of the trial in how much to award.
true or false? if a costs budget is approved by the court, then the party is guarenteed to recover those costs
false - merely an estimate - but will be taken in to account
what is the difference between the standard basis and the indemntiy basis
standard basis - proportionality will be considered.
what happens if a party fails to file a costs budget by the revelevant deadline?
they will be limited to recovering court fees alone.
what is a part 36 offer?
very specific type of offer that can be made by any party to proceedings
purpose: to incentivise parties to make or accept offers to settle - without prejudice
- offer must be in writing
must be clear it is part 36 offer - state whether it relates to the whole or part of the claim
- it must state whetgher it includes any counterclaim
- state relevant period
relevant period (part 36 offer)
time period from the date on whcih offer is served and within which a party can accept the offer.
must be 21 days or more
when an offer was made and accpeted by the other party before trial
serve notice of acceptance - proceedings are then stayed and must pay within 14 days. claimant has right to apply for judgement against the defendant.
where an offer under part 36 is made but not accepted before trial
withdrawing or amending a part 36 offer
a party can only withdraw an offr if it has not already been accepted.
must serve a notice to withdraw
