DR - Settlement Flashcards
(21 cards)
Under Part 36, in the absence of agreement in writing, how long does a defendant have to pay the offered sum of money to claimant if it accepts the offer?
14 days
Is it possible to make a time-limited Part 36 offer?
Yes it is possible to make a time limited offer. The offer can be automatically withdrawn in accordance with its terms, at the end of a specified period of time. However, the time limit must be after the expiry of the relevant period.
A consent order can be used to settle:
Either / both an interim application or/and an entire claim.
Who can discontinue proceedings?
The claimant
A claimant discontinues proceedings against Defendant A but not against Defendant B. What are the costs consequences (unless the court orders otherwise)?
The claimant will be required to pay the costs of Defendant A up to discontinuance, but not those of Defendant B.
Discontinuance is usually achieved by….
Filing a notice at court and serving it on all other parties.
When does discontinuance take effect?
Upon service of the notice of discontinuance
What is a Part 36 offer?
Self-contained procedural code which described a kind of offer, sets out consequences if an offer of tha tkind is made and accepted, and sets out different consequences if any offer of that kind is made and not accepted and the matter proceeds to trial
How do Calderbank offers differ from P36 offers?
How to make a valid Part 36 offer?
Offer must:
a. be in writing:
b. make clear it is made pursuant to Part 36 (alt. you can use form N242A)
c. specify the relevant period in within whcih the D will be liable for the C’s costs if offer is accepted - it can be no less than 21 days
d. state whether it relates to the whole or part of the claim; and
e. state whether it takes into account any counterclaim
What are the further rules that apply to defendants’ offers only - to make a valid P36 offer?
a. a P36 offer by a defendant to pay a sum of money in settlement must be an offer to pay a single sum of money
b. defendant’s offer that includes an offer to pay all, or part, of the sum at a date later than 14 days following the date of acceptance will NOT be treated as a P36 offer unless the offeree accepts the offer
What is a relevant period?
A period of not less than 21 days, specified in a Part 36 offer, within which the defendant will be liable for the claimant’s costs if the offer is accepted
When can a P36 offer be made?
at any time, inc. before the issue of proceedings.
Made when served on the offeree - CPR 6 rules of service apply.
What happens if a P36 offer is made and accepted before proceedings are commenced?
How can the offeree clarify a P36 offer?
Can seek clarification within seven days of service
If a P36 offer has been accepted, how can its terms be changed?
Cannot be changed - or withdrawn
When is the court’s permission required to withdraw a P36 offer?
trial has already started; or
a notice of withdrawal/change during relevant period has been served + the court is satisfied that there has been a change of circumstances since the making of the original offer and that its in the interests of justice to give permission.
If a P36 offer is made and not withdrawn, what two things can happen?
a) it is accepted –> need to knwo the consequences
b) it is not accepted –> need to know whether court will impose a penalty and if so, what that penalty might be
How to accept a P36 offer?
Serve written notice of acceptance on the offeror
+
if the case is issued, file the acceptable at court
How long does a P36 offer remain open for acceptance?
Unless the offer is expressed to be withdrawn automatically at the end of the relevant period, it remains open for acceptance.
