LPC Law Notes Civil Litigation Notes
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Part 36
Requirements for a Part 36 offer
36.3(2) Can be made at any time, including before issuing proceedings, or before an appeal
36.2(2)
(a) Must be in writing
(b) Must state that it is intended to have the consequences of a Part 36 offer
(c) Must specify a period not less than 21 days within which the defendant will be liable for the claimant’s costs as set out in 36.10 if the offer is accepted
This DOES NOT apply if the offer is made less than 21 days before the trial
If there are less than 21 days until trial, the relevant period when the party will have to pay costs if accepted is until the end of the trial or when the court deems
(d) Must state whether the other is related to the whole of the claim or only to part of it
(e) Must state whether it takes account of any counterclaim
PD 36A, para 10.1 – Form N242A
36.9(3) If the trial has started, court permission is needed to accept a Part 36 offer
36.13(1) without prejudice save as to costs
36.13(2) Offers must not be revealed to the judge until all the issues of liability & quantum have been decided
If it is revealed, a judge can withdraw or remain, as long as he is certain that no prejudice is done to either side
36.7(1) Serve a Part 36 offer on the offeree as under Part 6 CPR
21 days starts from the deemed date of service
Clarification of a Part 36 Offer
36.8(1) ask for clarification within 7 days of service of the offer
36.8(2) Offeror must respond within 7 days of receiving the request for clarification
Any failure to respond will allow the offeree to apply for an order
Does not apply if trial has started
36.8(3) If court order is made, the court must specify the date when the Part 36 offer is treated as to having been made
Acceptance of a Part 36 Offer
36.9(1) Effected by serving a notice of acceptance on the offeror
PD 36, para 3.1 if proceedings have started, file a notice of acceptance with the court
36.10(5) If accepted late
Defendant pay the claimant’s costs up to the expiry date of the relevant period
Offeree pay offeror’s costs from expiry date to date of acceptance
36.11(6) Unless otherwise agreed, settlement money must be paid within 14 days of acceptance
36.11(1) Claim is stayed on terms of the offer
36.11(7) Court can still enforce the offer, or deal with costs or interest on the costs
Withdrawal of a Part 36 Offer
Before expiry of the relevant period
36.5(3) & PD 36A, para 2.2 For terms less advantageous to the offeree can only be done with court permission
After expiry of the relevant period
Done at any time by serving written notice on offeree
Effects
36.14(6) Offer ceases to have an effect on costs ,although the court still must consider the offer when they decide on costs
Tomlin Order
Proceedings...
Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
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