BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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Pt 36 Offers
NB: Pt 36 offers don't apply to the SCT.
Always think in exam - Is this a Defendant Offer, or a Claimant Offer.
Why? |
|
When |
Why make an offer early? Offer #1 Offer #2 <--------------|---------------------|------------------------|--------------------|------------> Start Offer RP Offer2 End of RP Trial <----------------------------------------------------------> Adverse Costs Consequences <------------> Adverse Costs Consequences As you can see, it's better to make an offer, because if it's rejected, get adverse costs consequences for longer. So if you make a reasonable offer, you get more costs back. <---|----------------------|---------------------------------------------------------------------> Offer<---5dys---->Trial -------------------------6 month trial-----------------------> In this case, could have huge costs consequences because the 'end of the relevant period' is end of trial because the offer was made within 21 days of trial. |
Form & Content | Form N242A or a Letter r36.2: The offer must:
The Offer is only made once served. It is accepted by serving on written notice (r36.7). Thus, the document should be served under r6.2 - Documents other than the Claim Form. So deemed date of service of docs apply. |
Judge Aware? | Pt 36 offers must not be communicated to the trial judge until all issues of liability and remedies have been decided (r36.13(3)(a)). This doesn't apply to:
If judge does discover, judge has discretion whether to continue or withdraw. Judge is entitled to continue is satisfied there is no prejudice to either side (Garrett v Saxby). Must consider OO. |
How much should be offered? | Offer made by C
Offer Made by D - r36.4 The offer must:
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Clarification? |
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Acceptance | The Offer is only made once served. It is accepted by serving on written notice (r36.7). Thus, the document should be served under r6.2 - Documents other than the Claim Form. So deemed date of service of docs apply. No permission needed to accept during RP; No permission needed outside of RP except as detailed in r36.9(3) - Needed once trial has begun; LONGSTOP - r36.9(5) - Needs court's permission, unless parties agree, to accept between end of trial and judgment. |
Costs Consequences of... |
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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