A more recent version of these Part 36 Offer notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble 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:
Work Shop 10 Part 36 Offer
Part 36 Offer C or D may make a Part 36 offer, stating the sum it is prepared to receive or payCreates a formal settlement frameworkPut you in good stead if you make one and it's refused / they end up getting less at trialIt is a means of pressuring the other sideIt removes the uncertainty of what the court may award/decideIt can be made before, during and after proceedings (r.36.3(2)). The offer becomes formal only when it has formally been served (if D or C legally represented, service is to their Sol).Form N242A precedent P.302 or a letter precedent P.365r.36.2: the offer must: (a) be in writing (b) State on its face its intention of being a Part 36 offer (c) Specify the "relevant period" (the acceptance window of minimum 21 days):
- Offer is deemed to made when it is served on the other side (r.36.7(1)) P.208
- Offer is deemed inclusive of interest for 21 days (r.36.3(1)(b))
- If made close to trial, relevant period is the end of trial (r.36.3(1) (c)) P.208
- Once trial starts, offeree needs court's permission to accept (r.36.9(3))
- Financial consequences of r.36.14(3) & (2) won't apply to the offer unless the judge has abridged the relevant period (d) State whether it relates to the whole or part of the claim (if part, which part) (e) State whether it takes into account any counter-claimE.g. offer faxed on morning of Fri 9/03/12, it expires at midnight on 30/03/12The court and judge will not be aware of an offer being made until costs are assessedIt is made on a "without prejudice save as to costs" (r.36.13(1)) and therefore , the Part 36 offer can NOT be referred to during court proceedingsr.36.4: where the offer is made by the defendant, it must: (a) offer a single sum in payment (not instalments); and (b) be willing to pay the whole amount within 14 days of C accepting itThe sum offered is inclusive of interest until the relevant period expires (r.36.3(3))Start off low, because more than on Offer can be made Under(r.36.8) If the offer is not clear, the offeree may request clarification from the offeror within 7 days of receiving the order and it is best to put it in writingWhy?
Form and Content
How much should be offered?
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