Full and in-depth structure and notes on Part 36 offers. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on part 36. Contains extensive but easily comprehensible d...
Who has made the Part 36 offer?
Claimant / defendant
Can it be made?
Part 36 offers can be made at any pint, by either party, both before and during proceedings.
When does the relevant period start and end?
Under CPR 36.5(1)(c) the relevant period for a party to accept, refuse or amend a Part 36 offer will be 21 days. A different period can be made, but the offer must specify this but it cannot
be shorter than 21 days.
State the date it was served – aka: when was deemed service?
Work out when the relevant period start and when it will end (day 21)
Method of service Deemed service when…
Personal service The document is served personally before 4.30pm on a business day, on that day; or in any other case, on the next
business day after that day.
First-class post/next Day The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that
Delivery day is a business day; or if not, the next business day after that day.
Delivering the document to If it is delivered to or left at the permitted address on a business day before 4.30pm, on that day; or in any other case,
or leaving it at a permitted on the next business day after that day.
address
Document exchange The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a
business day; or if not, the next business day after that day.
Fax If the transmission of the fax is completed on a business day before 4.30pm, on that day; or in any other case, on the
next business day after the day on which it was transmitted.
Electronic method If the e-mail or other electronic transmission is sent on a business day before 4.30pm, on that day; or in any other case,
on the next business day after
Formalities of the offer:
R36.5 – to be a valid part 36 offer, it must:
a. Be inwriting
b. Make it clear it is a part 36 offer
c. Specify a period of no less than 21 days during which – if the offer is accepted – the defendant will pay the claimant’s costs under R36.13 –
this is known as ‘the relevant period’.
d. State whether it relates to the whole of the claim or to a part of it
e. State whether it takes into account any counterclaim.
, Part 36
WHO HAS MADE CONSEQUENCES
THE OFFER
PRE-TRIAL: Acceptance of a Part 36 offer:
Claimant makes the Can be accepted at any time – even if offeree makes a different subsequent offer and even when the relevant period has expired – UNLESS the offeror has served
offer and defendant written notice of withdrawal / change of terms on the offeree.
accepts
R36.11(1) – an offeree can accept a part 36 offer by serving a written notice of the acceptance on the offeror.
If proceedings have started PD 36 para 3.1 states – notice of acceptance also needs to be filed at court.
Practical consequences of acceptance:
When a part 36 offer, the claim is ‘stayed’.
However, this does not affect the power of the court to enforce the terms of a part 36 offer and deal with any questions of costs.
Cost consequence of acceptance – acceptance made within the relevant period:
If D accepts C’s a part 36 offer within the relevant period = C is entitled to their costs of the proceedings up to the date on which notice of acceptance is served on C.
Costs should be agreed by the parties, otherwise they will be assessed by the court on the standard basis.
If C’s offer was an offer for/ or included D to pay a sum to C – D must pay C within 14 days from D accepting the offer. If it is not paid C can enter into judgement for
the unpaid sum.
Costs can be agreed to / assessed by court.
Cost consequence of acceptance – acceptance made late:
If D accepts C’s part 36 offer late = and if the parties cannot agree on costs, the court will assess and usually order that D pay C’s costs of the proceedings up to the
date when D accepted c’s offer, unless D can satisfy to the court that it would be unjust to pay the costs.
PRE TRIAL: Acceptance of a Part 36 offer:
Defendant makes Can be accepted at any time – even if offeree makes a different subsequent offer and even when the relevant period has expired – UNLESS the offeror has served
the offer and the written notice of withdrawal / change of terms on the offeree.
claimant accepts it
R36.11(1) – an offeree can accept a part 36 offer by serving a written notice of the acceptance on the offeror.
If proceedings have started PD 36 para 3.1 states – notice of acceptance also needs to be filed at court.
Practical consequences of acceptance:
When a part 36 offer, the claim is ‘stayed’.
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