Offers to Settle

Question 1

Part 36 five requirements:

Answer 1

1) In writing
2) States Part 36 offer consequences
3) Specifies a period of not less than 21 days during which D is liable to pay C’s costs if the offer is accepted
4) State whether whole or part of the claim
5) State whether counter-claim taken into account

Question 2

Terms of compromise should be…

Answer 2

…sufficiently precise and certain (to form an effective contract)

Question 3

Interest

Answer 3

Up to the end of the relevant period (number 3) requirement)

Question 4

Consequences of accepting a Part 36 offer

Answer 4

• Serve notice of acceptance
• Claim stayed on terms of offer
• C entitle to standard basis costs up to date on which notice of acceptance served

Question 5

Permission of court required where:

Answer 5

• Trial has started
• One party a child etc.
• Offer made by some but not all Ds

Question 6

Changing a Part 36 offer

Answer 6

• Cannot be time limited
• Counter-offer does not invalidate
• Rejection does not invalidate
• Only withdrawn by serving notice of withdrawal
• No withdrawal if C has filed notice of acceptance

Question 7

Consequences if failure to obtain more advantageous judgment than the offer

Answer 7

• C recovers standard basis costs to last day of relevant period
• D recovers standard basis costs thereafter

Question 8

Secrecy

Answer 8

Must not be disclosed to trial judge or appeal judge