Part 36 Offers Flashcards
What is a Part 36 Offer and who can make it?
An offer that is pursuant with the law in CPR 36. Any party to the proceedings can make an offer.
What happens when a claimant beats their offer?
They will normally be awarded their normal costs + additional damages (with interest on each).
What is the relevance of a defendant beating their own offer within the relevant period?
Before relevant period - D will not be liable for C’s costs.
After - the claimant offeree will be ordered to pay D’s costs + interest.
Do Part 36 offers displace QOCS rules?
yes
When do Part 36 offers need to be paid?
Within 14 days of acceptance of the offer.
What is the relevant period?
If the offer is made at last 21 days before the trial, the relevant period will be at least 21 days or up to the date of the service of the acceptance notice.
If the offer is made more than 21 days before the start of trial, the relevant period is until the end of the trial.
Is permission needed to accept a part 36 offer?
No, unless the trial has already begun.
What happens if a Part 36 offer is unclear?
You can ask the offeror to clarify the offer within 7 days of receiving it.
Can a Part 36 offer be withdrawn or have its terms changed?
Yes, this can happen at any time if the acceptance notice has not yet been served.
What is a Calderbank offer and what is its usefulness?
This is a settlement offer made “without prejudice to costs”.
It can be used as an alternative to part 36 offers if a defendant is unable to make a lump sum payment within 14 days of acceptance of the offer.
