part 36 Flashcards
What is the purpose of Part 36, according to slide 2?
Part 36 reflects that parties who make realistic proposals to settle actions should get some benefit if these are not accepted, and it turns out, at trial, that they should have been accepted. It provides a system of incentives to encourage settlement in a way that is more certain than relying on the court’s general discretion regarding costs.
What are the requirements for a valid Part 36 offer according to slide 5?
A Part 36 offer must be in writing and it must be clear that it is a Part 36 offer. The offer must state a period of at least 21 days within which the defendant will be liable for the claimants costs if the offer is accepted, and this is called the relevant period. If the defendant is making the offer, they must offer to pay a single sum of money and that offer must be to pay that sum within 14 days of acceptance if they want to get the full benefits of Part 36.
What happens if a Part 36 offer is not accepted according to slide 6?
If a Part 36 offer is not accepted, it will remain open for acceptance unless it is withdrawn. If the offer is accepted during the relevant period, the claimant is entitled to its costs of the proceedings up to the date of acceptance. If it is accepted after the expiry of the relevant period, then the court will determine the cost consequences, but there is a default position where the claimant is entitled to its costs of the proceedings up to the expiry of the relevant period, but the offeree pays the offeror’s costs after that.
What are the consequences of a claimant winning at trial after making a Part 36 offer according to slide 7?
If a claimant wins at trial and made a Part 36 offer, the claimant will receive extra benefits such as extra interest, extra costs, interest on those costs, and a lump sum of money if they did at least as well as the offer at trial.
What are the consequences of a defendant making a Part 36 offer and the claimant failing to do better than that offer at trial according to slide 7?
If the defendant tried to settle the dispute by making a Part 36 offer and the claimant failed to do better than that offer at trial, then the claimant will be penalized and the defendant will get some benefits, such as the claimant paying part of the defendant’s costs and interest on those costs, despite the claimant winning at trial
Slide 3:
What can be offered under Part 36 according to slide 3?
Part 36 offers can be made by either party and they can be made at any stage of the proceedings.
Slide 4:
What is a valid Part 36 offer according to slide 4?
A valid Part 36 offer, whether made by the claimant or defendant, must be in writing and state a period of at least 21 days within which the defendant will be liable for the claimant’s costs if the offer is accepted. If the defendant is making the offer, they must offer to pay a single sum of money and pay that sum within 14 days of acceptance to get the full benefits of Part 36.
Slide 5:
What are the requirements for a Part 36 offer to be valid according to slide 5?
A Part 36 offer must be in writing, clear that it is a Part 36 offer, and state a period of at least 21 days within which the defendant will be liable for the claimant’s costs if the offer is accepted. If the defendant is making the offer, they must offer to pay a single sum of money and pay that sum within 14 days of acceptance to get the full benefits of Part 36.
Slide 6:
What happens if a Part 36 offer is not accepted according to slide 6?
If a Part 36 offer is not accepted, it will remain open for acceptance unless it is withdrawn. If the offer is accepted during the relevant period, the claimant is entitled to its costs of the proceedings up to the date of acceptance. If it is accepted after the expiry of the relevant period, then the court will determine the cost consequences, but there is a default position where the claimant is entitled to its costs of the proceedings up to the expiry of the relevant period, but the offeree pays the offeror’s costs after that.
Slide 7:
What are the consequences of a claimant winning at trial after making a Part 36 offer according to slide 7?
If a claimant wins at trial and made a Part 36 offer, the claimant will receive extra benefits such as extra interest, extra costs, interest on those costs, and a lump sum of money if they did at least as well as the offer at trial.
What are the consequences of a defendant making a Part 36 offer and the claimant failing to do better than that offer at trial according to slide 7?
If the defendant tried to settle the dispute by making a Part 36 offer and the claimant failed to do better than that offer at trial, then the claimant will be penalized and the defendant will get some benefits, such as the claimant paying part of the defendant’s costs and interest on those costs, despite the claimant winning at trial.
Slide 8:
What is the summary of Part 36 according to slide 8?
Any party can make Part 36 offers and must be clear in writing that it is a Part 36 offer. The defendant will pay the claimant’s costs if accepted in the relevant period. If accepted after the relevant period, the usual rule is that off
