DR FLK Flashcards
What to include in response to claim letter? (DR FLK knowledge)
- within a reasonable time
- must confirm if the claim is accepted
- if not, explain the reasons
- indicate if there is a counterclaim
- include key documents
What must be included in letter before claim? (ie in the actual letter)
- Concise details of claim
- Summary of facts
- What C wants from D - if money, inc how calculated
- Any key documents
What should Part 36 letter contain (regardless of who is making it)?
(__ v ___)
(PART 36 OFFER: WITHOUT PREJUDICE SAVE AS TO COSTS)
- Confident that should this matter proceed to trial, will be successful in (defending and recovering costs) (establishing liability and recovering full amount)
- However, in a final attempt to settle the matter, we have our clients’ instructions to make your client an offer of settlement.
- For the purposes of CPR, Rule 36.5(1)(d) and (e) the offer on the part of our clients is to accept the sum of _____ in relation to the whole of their claim for damages, after taking into account your client’s counterclaim. For clarity we would confirm that the offer is inclusive of interest.
- In accordance with CPR, Rule 36.5(1)(c) the relevant period is 21 days from the date of service. As we are sending this to you today by first-class post we calculate that the offer will be deemed to be served on 15 November 20XX. Please acknowledge and confirm.
CPR rule numbers for part 36 offer
Rule 36.5(1)(b): confirm it is intention to make offer pursuant and have consequences set out in Part 36
Rule 36.5(1)(c): specify period of not less than 21 days (the “Relevant Period”)
Rule 36.5(1)(d): applies to whole or part of claim
Rule 36.5(1)(e): takes into account any counterclaim?
What to include at end of letter to other side if claimant
We suggest that you consult a solicitor before responding to this letter.
Example ending to initial ending to letter to other side where acting for claimant and instructed to issue proceedings if don’t reply
If you do not provide a full reply by 23 August [relevant year], we are instructed to begin legal proceedings without further reference to you. Miss K reserves the right to bring this letter to the attention of a judge on the question of costs.
We suggest that you consult a solicitor before responding to this letter.
Yours faithfully,”
Part 36 offer what MUST (!!!!) it include to be legally effective
- It is part 36
- Relevant period (usually 21 days)
- Sum
If relates to whole claim or part of claim and/or any counterclaim
What SHOULD part 36 letter include
SHOULD say:
- WPSTC
- Date deemed served
- Offer inclusive of interest
GOOD PRACTICE:
- Remain confident that if proceed to trial successful in:
○ Defending and recovering costs
○ Establishing liability and recovering FULL amount
- Final attempt to settle, client instructions to make offer of settlement
Please acknowledge and confirm
Letter to client re part 36 letter structure
Debbie v Sally: Part 36 offer
received offer of settlement. ATTACH copy.
The offer
£[]. Interest? Whole? Legal costs?
Certain costs consequences may follow if do not accept realistic offer.
Must provide 21 days period. This will expire __ .
Can accept anytime until trial. After trial, only court permission.
She can withdraw any time without permission court.
Effect of acceptance
- if accept, 14 days and claim suspended.
- if D, pay costs. unless agree otherwise, court decide on standard basis.
- if accept after 21 days, likely increased fees and risk withdrawal.
Effect of non-acceptance
- sep card
How you should respond to the offer
- likelihood success in case?
- risk? business reli? confidentiality? uncertainties of trial? management time?
- too high?
- often say still recommend settling:
- offer of settlement? if so, can u say how much for? could make as part 36?
even tho consequences diff, would make C think carefully about settling.
next steps
lmk how want to proceed. happy meeting if assist.
