Making, Varying, Withdrawing and/or Accepting Part 36 Offers Flashcards
(14 cards)
What is the minimum length of the “relevant period” in a Part 36 offer?
A. 7 days
B. 14 days
C. 28 days
D. 21 days
D. 21 days
Explanation: A Part 36 offer must specify a relevant period of at least 21 days during which the defendant will be liable for the claimant’s costs if the offer is accepted (CPR 36.5).
When is a Part 36 offer deemed to be made?
A. On the date of the offer letter
B. When it is filed at court
C. When it is served on the offeree
D. When proceedings are issued
C. When it is served on the offeree
Explanation: Under CPR 36.7(2), a Part 36 offer is made when it is served, not when it is written or sent.
A claimant accepts a Part 36 offer during the relevant period. What are the costs consequences?
A. The claimant is entitled to their costs up to the date of acceptance
B. Each party pays their own costs
C. The defendant pays all costs up to the trial date
D. The court must determine costs
A. The claimant is entitled to their costs up to the date of acceptance
Explanation: If accepted within the relevant period, CPR 36.13(1) entitles the claimant to their costs up to the date of service of acceptance.
A Part 36 offer is accepted outside the relevant period. What is the court’s usual approach to costs?
A. Claimant pays all costs
B. Court must order claimant’s costs up to expiry and defendant’s costs thereafter unless unjust
C. Each party bears their own costs
D. Court must order all costs be paid by the losing party
B. Court must order claimant’s costs up to expiry and defendant’s costs thereafter unless unjust
Explanation: CPR 36.13(4) sets this out as the default position unless it would be unjust.
Which of the following is NOT a requirement for a valid Part 36 offer under CPR 36.5?
A. Must be in writing
B. Must refer to Part 36
C. Must be made on court form N242A
D. Must specify if it relates to part of a claim or the whole
C. Must be made on court form N242A
Explanation: There is no requirement to use form N242A; a letter that complies with CPR 36.5 is valid.
A Part 36 offer was made and is still open. The offeree asks for clarification 5 days after service. Is this allowed?
A. No, clarification can only be requested after 7 days
B. Yes, clarification is allowed within 7 days
C. Yes, but only with court permission
D. No, only the court can request clarification
B. Yes, clarification is allowed within 7 days
Explanation: CPR 36.8 allows the offeree to request clarification within 7 days of service.
A defendant makes a Part 36 offer on 1 May with automatic withdrawal after 21 days. The claimant tries to accept it on 25 May. What is the result?
A. Acceptance is valid
B. Offer is withdrawn, cannot be accepted
C. Court must decide if acceptance is binding
D. Claimant can enter judgment
B. Offer is withdrawn, cannot be accepted
Explanation: If an offer is expressed to be automatically withdrawn at the end of the relevant period and is not accepted in time, it cannot be accepted later (CPR 36.9(4)).
A claimant accepts a Part 36 offer that covers only part of the claim. The claimant continues with the rest. Who determines costs?
A. The court
B. The claimant automatically recovers all costs
C. The defendant automatically pays all costs
D. The rest of the claim is struck out
A. The court
Explanation: CPR 36.13(4) applies. If the remaining part of the claim is not abandoned, the court determines cost liability.
Which party may make a Part 36 offer?
A. Only the claimant
B. Only the defendant
C. Only the court
D. Any party
D. Any party
Explanation: Either party can make a Part 36 offer, whether proceedings have been issued or not (CPR 36.7(1)).
A Part 36 offer is accepted. The defendant fails to pay the agreed sum within 14 days. What can the claimant do?
A. Wait until the court issues a costs order
B. Start fresh proceedings
C. Apply to court for judgment
D. Ignore the default
C. Apply to court for judgment
Explanation: CPR 36.14(7) allows the claimant to enter judgment if payment is not made within 14 days of acceptance.
Which of the following makes a defendant’s Part 36 offer invalid unless accepted?
A. Offering to pay part of the sum more than 14 days after acceptance
B. Offering to settle the whole claim only
C. Offering to settle by paying a single lump sum within 14 days
D. Stating that the offer is made pursuant to Part 36
A. Offering to pay part of the sum more than 14 days after acceptance
Explanation: A defendant’s offer that includes delayed payment beyond 14 days will not be treated as a valid Part 36 offer unless the offeree accepts the terms (CPR 36.6(2)).
A claimant accepts a Part 36 offer that covers only part of their total claim but chooses not to abandon the remainder. What happens to costs?
A. The court must order full costs to the claimant
B. The offeror automatically pays all costs
C. Costs for the whole claim are shared equally
D. The court will determine liability for costs unless parties agree
D. The court will determine liability for costs unless parties agree
Explanation: When a Part 36 offer relates to part of a claim and the remainder is not abandoned, the court determines costs under CPR 36.13(4).
A Part 36 offer is made 10 days before trial and accepted 2 days later. The parties disagree on costs. What applies?
A. The general rule on acceptance during the relevant period
B. The court must determine costs under CPR 36.13(5)
C. The claimant is automatically awarded all pre-trial costs
D. The offeree must pay the offeror’s costs post-acceptance
B. The court must determine costs under CPR 36.13(5)
Explanation: When a Part 36 offer is made less than 21 days before trial and accepted, costs are decided by the court unless agreed.
If an offeror tries to withdraw a Part 36 offer during the relevant period and the offeree accepts it, what can the offeror do?
A. Reject the acceptance as invalid
B. Do nothing; the acceptance stands
C. Apply to court to withdraw the offer or vary its terms
D. Restart the relevant period
C. Apply to court to withdraw the offer or vary its terms
Explanation: Under CPR 36.10(2), if acceptance occurs during the relevant period despite attempted withdrawal, the offeror must apply for court permission to withdraw or vary.
