Part 36 Flashcards
Costs consequences if offer accepted during relevant period
D pays C’s costs up to date of acceptance
Costs consequences if offer accepted after relevant period, but before trial
(1) D pays C’s costs up to end of relevant period
(2) Offeree pays offeror’s costs from end of relevant period up to date of acceptance
Costs consequences if offer accepted during trial
Permission of the court is required
What threshold does C have to pass at trial if they do not accept D’s Part 36 offer?
They must obtain judgment more advantageous (by any amount) than the Part 36 offer
What costs consequences for C if they do not accept D’s Part 36 offer, and they do not reach the necessary threshold?
(1) C gets costs to end of relevant period
(2) D gets all costs from end of relevant period onwards, plus interest
What threshold will engage costs consequences for D, if they do not accept C’s Part 36 offer?
If C obtains judgment that is at least as advantageous, or more advantageous, than their Part 36 offer
What costs consequences for D if they do not accept C’s Part 36 offer, and C reaches the necessary threshold?
C gets:
(1) interest on sum of money (up to 10%)
(2) indemnity basis costs from end of relevant period
(3) interest on costs (up to 10%)
(4) punitive award (up to £75k: 10% on first £500,000, 5% on amount above)
Five requirements for a valid Part 36 Offer
1) in writing
2) makes clear that it is pursuant to Part 36
3) specifies period for D’s costs liability of at least 21 days
4) states whether it applies to part of the claim or all of it
5) states whether it takes into account any counterclaim
Two conditions before the court can give permission to withdraw an offer within the relevant period
1) there has been a change of circumstances since making the original offer
- AND-
2) it is in the interests of justice to give permission
