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
