DR - Part 36

Question 1

When can a Part 36 offer be made?

Answer 1

• Part 36 offers can be made at any stage of proceedings, including before proceedings are issued.

Question 2

Who can make a Part 36 offer?

Answer 2

• A Part 36 offer can be made by either party

Question 3

What is a Calderbank offer?

Answer 3

An offer,
- usually communicated in writing, and
- written ‘without prejudice save as to costs’,

cannot be referred to the judge until costs are considered after trial, but at that point can be relied upon.

• Does not need to comply with Part 36.

Question 4

What is the effect of a Calderbank offer?

Answer 4

The court will have regard to a Calderbank offer when it exercises its discretion on costs

Question 5

What is the form of a Part 36 offer for both claimants and defendants?

Answer 5

• Be in writing;
• Make clear it is made pursuant to Part 36;
• State whether it relates to the whole or part of the claim; and
• State whether it takes into account any counterclaim.
• Specify the relevant period (not less than 21 days)

Question 6

What is are the additional requirements of a form of a Part 36 offer for defendants?

Answer 6

• must be an offer to pay a single sum of money.
• must offer full payment within 14 days following the date of acceptance otherwise will not be treated as a Part 36 offer unless the offeree accepts the offer.

Question 7

What is the ‘relevant period’ for a Part 36 offer?

Answer 7

A period of not less than 21 days, specified in a Part 36 offer

Question 8

When is a Part 36 offer made?

Answer 8

When it is served on the offeree

Question 9

How long does the offeree have to clarify the details of the offer made by the offeror?

Answer 9

Within 7 days of service

Question 10

Can an offeror withdraw their Part 36 offer if it has been accepted?

Answer 10

No

Question 11

Can an offeror withdraw their Part 36 offer if it has not yet been accepted?

Answer 11

The Court’s permission is required to withdraw an offer.

Question 12

Can an offeror withdraw their Part 36 offer if it has not yet been accepted and the relevant period has expired?

Answer 12

Yes - no need for court’s permission

Question 13

Can an offeror withdraw their Part 36 offer if it has not yet been accepted and the relevant period has not yet expired and the offeree has not yet accepted?

Answer 13

The revocation will take effect at the end of the relevant period, if the offeree does not serve notice of acceptance during the relevant period.

Question 14

What happens if an offer gives notice of their withdrawal of their Part 36 offer, then the offer is accepted by the other party before the expiry of the relevant period?

Answer 14

• the offeror needs permission of the court to withdraw
• within 7 days of the notice of acceptance

Question 15

If an offeror withdraws their Part 36 offer and it has not yet been accepted and the relevant period has not yet expired and the offeree accepts during the relevant period, when will the court allow the revocation?

Answer 15

If satisfied that there has been

• a change of circumstances since the making of the original offer

and

• that it is in the interests of justice to give permission.

Question 16

Is an offer considered open if the relevant period has expired?

Answer 16

Yes - unless the offer specifically mentions that it is time limited.

Question 17

How is a Part 36 offer accpeted?

Answer 17

• Serve written notice of acceptance on the offeror.
• If the case is issued the acceptance also needs to be filed at court.

(No prescribed form a letter will do)

Question 18

What happens to the case if a Part 36 offer is accepted?

Answer 18

The case is stayed.

Question 19

When is payment due under a Part 36 offer?

Answer 19

The defendant has 14 days from acceptance to pay the settlement amount agreed unless otherwise agreed in writing.

Question 20

What if the defendant accepts a Part 36 offer but does not pay?

Answer 20

The claimant can enter judgment against the defendant

Question 21

What happens if the Part 36 offer relates to only part of the claim and the claimant accepts and does not abandon the remainder of the claim?

Answer 21

the liability will be determined by the court.

Question 22

Once proceedings have started, must a settlement order be sought from the court?

Answer 22

Yes, the parties making an agreement between them is not sufficient to stay the proceedings.

Question 23

Is the case stayed on acceptance of a Part 36 offer?

Answer 23

Yes