Settlement Flashcards
What is a Tomlin Order
This order stays the claim on the terms set out in the Sch to the order
What terms must be included in the body of a Tomlin Order (where they exist)
Payment of money out of court
Payment and assessment of costs
What is a consent order
Order or judgement drafted by legal reps for sealing by court officer
Can LiPs agree to a consent order
No
What are the formalities for a consent order
Signed by both legal representatives
Must be expressed as being by consent
Order agreed must be drawn up on terms agreed
What if C makes a part 36 offer which is accepted by D
The claim is stayed and D pays the costs for C up to the acceptance date
What happens if C makes a part 36 order which is rejected by D but the court order more or the same amount?
D will be sanctioned:
More damages
More interest on damages
Costs on indemnity basis
More interest on costs
What happens if C makes a part 36 order that is rejected by D but the court orders less
No consequences
How long does C have to accept a part 36 offer from D
21 days
How should a part 36 offer be accepted
Serving written notice by letter
What is D makes a part 36 offer but C rejects it and is awarded the same or less
Sanction
Will get all damages
D will pay own costs until day 21 then C then will pay Ds costs from day 22 onwards plus interest - split costs order
What if D makes a part 36 order which C rejected and then C wins more
No consequences
What if D makes a part 36 order which C accepts
D would pay Cs costs until acceptance
What is D makes a part 36 offer which C rejects and then C looses at trial
C will pay Ds costs plus interest from day 22 at 1% above base rate
Formalities for a part 36 offer
Written
Deadline no sooner than 21 days
Must be clearly pursuant to part 36
State if it is for whole claim or part of claim
State if it takes into consideration any counter claim
Form for making a part 36 offer
N242A
Or letter
Does a part 36 offer include VAT
Offer is treated as inclusive of VAT so no need to list separate elements
Can a part 36 offer be made less than 21 days before trial
Yes
Expires end of trial
Interest included up to 21 days
When is a part 36 offer formally made
When it is served
How long do you have to pay a part 36 offer
14 days
Can you amend or withdraw a part 36 offer
Only with courts permission in first 21 days but after 21 no permission needed
Must be written notice
Can you accept a part 36 offer after the 21 days expires
Yes even if another offer has been made unless notice of withdrawal has been served
Can you request clarification of a part 36 offer
Yes within 7 days of receiving it
Are there consequences to a part 36 offer than has been withdrawn
No
