Topic 8- Settlement and ADR Flashcards
what must a part 36 offer contain?
- in writing.
- clear it is in pursuant to part 36.
- specify a period of not less than 21 days within which the D will be liable for the claimant’s costs if the offer is accepted.
what are the consequences of acceptance a part 36 offer?
stay- claim will not continue to trial.
settlement sum- D has 14 days to pay.
what is the consequence of a defendant’s offer not being accepted?
trigger= where a claimant fails to obtain a judgement more advantageous than the D’s part 36 offer.
consequences- claim pays D’s costs from date of relevant period.
- normal costs rules apply on who pays costs for period before relevant period expires.
what are the consequences of the claimant’s part 36 offer not being accepted by the defendant?
trigger- where judgement against the D is at least as advantageous to the claimant as the proposals contained in the claimant’s part 36 offer.
consequences- Interest on the award not exceeding 10% base rate for some or all of the period from expiry of the relevant period.
- Costs from end of relevant period are to be assessed on indemnity basis.
- Interest on those costs not exceeding 10% above base rate
- Additional amount, capped at £75k
who can discontinue a claim?
only the claimant can.
ends proceedings and claimant is liable to pay D’s costs up to the point of discontinuance.
what are the consequences of a part 36 offer being accepted after expiry of relevant period?
Claimant entitled to costs up to expiry of relevant period.
Offeree pays offeror’s costs after that.
when can a part 36 be withdrawn?
will remain open for acceptance unless it is withdrawn.
any notice of withdrawal takes effect at the end of the relevant period.
Offer cannot be withdrawn after it has been accepted.
must request the court’s permission if within 21 days relevant period.
