SGS 7 (Part 36 Offer) Flashcards
What is it?
Offer to settle → with costs consequences of someone who reasonably refuses what turns out to be a good offer of damages (going to claimant only) and / or, costs and/ or interest.
made without prejudice (will not be referred to court until issue of costs determined at end of trial (36.16).
What are the possible outcomes of accepting a part 36 offer?
- 13 claimant gets costs up until notice of acceptance was served on offeror.
- 14 claim is stayed.
What is the end of the relevant period?
latest date the offer could have been accepted without the permission of the court.
If D rejects C’s offer and C wins the same or more at trial - what are the consequences?
Indemnity costs
Interest on costs
Interest on damages
Additional amount (tapered and cannot exceed £75,000).
When does a split costs order occur?
When D made an offer, C rejected and won at trial but same or less than offer.
Describe the effect of a split costs order?
C gets damages and costs up to lates date RP expires (CPR 44.2)
D gets costs + interest after expiry of RP (CPR 36.17(3)).
When does part 36 kick in for rejection of a defendant’s offer?
When claimant wins same or less at trial.
When claimant loses.
What happens where both parties make an offer?
C’s offer takes eggiest if amounted awarded is same or more than C’s offer.
D’s offer takes effect if amount awarded is same or less than D’s offer.
What happens where both parties make an offer and amount awarded is between the two offers?
Neither offer takes effect and normal rules under CPR 44 apply.
what is the difference between summary and detailed costs assessment?
S = cases that run a day or less
D = try and agree if not come back to a costs judge. Every item in dispute is argued over
Standard vs indemnity costs?
S: reasonable + proportionate
I: reasonable ( rather than R+P)
Form and content?
36.5
36PD 1.2
Tactically speaking, why would one not make such an offer?
Cannot be made for less than 21 days if this is before a deadline such as disclosure and new evidence comes to light, parties may not want to keep such an offer open for that long.
36.5(1)(c).
Consent orders?
Signed by parties’ representatives or party if litigant in person.
Once signed, sent to the court.
When are costs payable?
Within 14 days (CPR 44.7).
