Dispute Resolution

Question 1

Who can make a Part 36 offer and what must they specify in the offer?

Answer 1

Either party can make a Part 36 offer, and they must specify the amount they would be prepared to pay/accept to settle

Question 2

What are the five requirements of a Part 36 offer?

Answer 2

1. In writing
2. Clearly state that it is made pursuant to CPR Part 36
3. Specify the relevant period (not less than 21 days) within which the offer can be accepted
4. State whether the offer relates to all or just part of the claim
5. State whether the offer takes into account any counterclaim

Question 3

If a Part 36 offer, made by either party, is accepted within the relevant period, up until when will defendant pay the costs of the claim, and on what basis will they be assessed?

Answer 3

The defendant will pay costs on the standard basis up to the point of acceptance

Question 4

Can a Part 36 offer be withdrawn?

Answer 4

As long as the offeree has not served notice of acceptance

Question 5

If a notice of withdrawal or to change the terms to ones less favourable for the offeree is served before the expiry of relevant period, when does the notice take effect?

Answer 5

When the relevant period expires, unless the offeror accepts within that time (in which case the offer cannot be withdrawn/amended in the usual way)

Question 6

When can a Part 36 offer be accepted?

Answer 6

At any time: within the relevant period with no limitations, and after the relevant period as long as the offeror has not withdrawn the offer

Question 7

What are the two situations where a Part 36 offer might cause cost-related difficulty for a party?

Answer 7

1. Claimant rejects defendant’s offer and fails to beat offer
2. Defendant rejects claimant’s offer and claimant is awarded an amount equal to or greater than the offer

Question 8

What are the two situations where a Part 36 offer might will not cause cost-related difficulty for a party?

Answer 8

1. Claimant rejects defendant’s offer and beats it
2. Defendant rejects claimant’s offer and the claimant is awarded less

Question 9

Where a claimant rejects a defendant’s offer and fails to beat the offer, what is the consequence?

Answer 9

Defendant will have costs awarded on a standard basis from the date when the relevant period of acceptance expired

Defendant will usually still have to pay costs up to the expiry of the relevant period

Question 10

Where a defendant rejects a claimant’s offer and claimant is awarded an amount equal to or greater than the offer, what is the consequence?

Answer 10

Unless it is unjust, for the period after the time for acceptance expired, costs will be assessed on an indemnity basis and the claimant will be entitled to 10% interest on top of costs accrued within this period.

Question 11

What topics does the full Dispute Resolution deck contain, and how do I access it?

Answer 11

The full deck contains over 380 flashcards dealing with the SRA syllabus:

• Methods of Dispute Resolution;
• Limitation;
• Pre-Action Protocols and Applications;
• Choice of Court;
• Issuing Proceedings;
• Service of Proceedings;
• Responding to a Claim;
• Statements of Case;
• Case Management;
• Interim Applications;
• Disclosure;
• Witness Evidence and Expert Evidence;
• Trial;
• Appeals;
• Costs;
• Part 36 Offers;
• Enforcement of Money Judgments.

Access is currently £25 per full subject, e.g. Dispute Resolution, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.