Part 36 Offer Flashcards
How will the offer be treated by the courts?
‘Without prejudice except as to costs’
When can a Part 36 offer be made?
Both before and after proceedings
What is the relevant period?
Period not less than 21 days after offer has been served for offeree to accept offer
What should be in the form and content of the offer? - 5
(1) Be in writing
(2) Make clear it’s pursuant to Part 36
(3) Specify relevant period
(4) State whether it’s for whole or part of claim
(5) Whether it takes into account any counterclaim
Can the offeror make more than one Part 36 offer?
Yes - any offer remains valid and can be accepted at any time until notice of withdrawal is served on offeree - 36.11(2)
Can the offeror vary a Part 36 offer?
Yes - but must sere notice of variation under 36.9(4) and this preserves relevant period
In what form should the Part 36 offer be made?
Either in Form N242A or in a letter
What if offer is silent as to interest?
CPR 36.5(4) - offer is treated as being inclusive of interest
If D offers to pay damages, what two things must it ensure?
36.6: (1) will pay in single sum of money and (2) can pay within 14 days of acceptance
What happens to the relevant period if offer is made 21 days before trial? - 2
- 3(g)(ii): relevant period is up to end of trial
36. 5(4)(b): inclusive of interest up to 21 days after offer made
If trial has started, what must offeree do to accept a Part 36 offer?
36.11(3)(d): must need court’s permission to accept Part 36 offer
What can offeree do if not clear of the terms of the offer?
Rule 36.8: offeree may, within 7 days, request clarificaition. Should request in writing. If no clarification, can apply to court for order to do so
How can offeree accept Part 36 offer?
Rule 36.11(1): serve written notice of acceptance on offeree and file at court (if proceedings have started - PD 36 para 3.1)
What is a ‘like for like’ comparison?
Taking account of interest to inflate Part 36 offer figure.
(1) Calculate interest that would be awarded from date loss sustained to end of relevant period (Day 22)
(2) Add to the amount of final judgment
