Week 8- Pt 36 Flashcards
Who can make a Pt 36 offer? When can a Pt 36 offer be made?
Any time, including before commencement of proceedings by C or D (CPR 36.7(1)).
What are the requirements where a pt 36 offer is made?
(1) Be in writing (broad def- usually a letter, if not then prescribed form N242A)
(2) Make clear it is an offer made pursuant to Pt 36
(3) Specify a period not less than 21 days within which D will be liable for C’s costs if the offer is accepted (called the ‘relevant period’);
* This means it is possible to make put a date up to which the offer can be accepted, after which time the offer will be automatically deemed withdrawn. However, this time limit must be after expiry of the relevant period.
* The minimum relevant period is 21 days from serving the offer. This means that the time-limit in the offer must be at least 22 days after service of the offer.
(4) State whether it relates to the whole or part of the claim; and
(5) State whether it takes into account any counterclaim.
What are the 2 additional rules for where D makes a pt 36 offer?
(6) With limited exceptions, a Pt 36 offer by D to pay a sum of money in settlement of a claim must be an offer to pay a single sum of money.
(7) An offer that includes an offer to pay all or part of the sum at a date later than 14 days following the date of acceptance will NOT be treated as a Pt 36 offer unless the offeree accepts the offer.
