Offers to Settle Flashcards
(41 cards)
What is enhanced interest?
Interest on any sum of money up to 10% base rate - beginning on expiry date of relevant period
What are indemnity costs?
Costs awarded where court will resolve any doubt over reasonable incurring of costs in favour of receiving party
Define offeror re: settlement?
(36.3) The party who makes the Part 36 offer
Define open offer?
An offer to settle intended by the offeror for a judge or trial judge to maybe refer to in court
What makes an offer more advantageous?
In Part 36 offers, better in money terms by any amount, however small
Define additional amount regarding part 36 offers?
10% of first £500k and 5% of anything more than that - capped at £75k
What is without prejudice save as to costs within part 36 offers?
Correspondence that may be referred to before a judge only relating to costs.
Define trial specifically in relation to offers and settlement?
Any trial in a case - whether of all issues, liability, quantum, etc.
Define without prejudice in relation to settlement?
An offer to settle intended by the offeror to not potentially be referred to by a judge
Define relevant period in relation to Part 36 offers?
The period specified in an on-time 36 offer in the letter (or longer period as agreed) otherwise, period to the end of trial.
Define Calderbank offer?
Any offer to settle NOT made under Part 36 but that intends to have costs consequences.
Define trial in progress in relation to settlement?
From when the trial starts until when judgment is given or handed down.
Define standard costs in relation to settlement?
Costs awarded where court will resolve any doubts as to whether they were reasonably incurred or were reasonable towards the paying party.
Define offeree in relation to settlement?
The Party to whom a Part 36 offer is made.
Define split costs order in relation to settlement?
An order that A pays Bs costs up to a certain date, and thereafter B pays As costs.
Does expiry of a Part 36 offer’s relevant period negate the offer?
No - the offer can still be accepted. It is only negated if it is withdrawn prior to acceptance.
If 36 is accepted within relevant period, what happens with costs?
D is liable for claimants costs up to when acceptance is served on offeror
What happens to costs if a 36 offer is accepted after expiry of the relevant period?
Liability will be determined by the court unless parties reach agreement -
What happens to costs where the court is deciding them due to “late acceptance”?
offeror must be awarded costs up until end of relevant period; then pays offeree costs thereafter
When does time begin to run on a part 36 offer?
On the day of service.
What is the relevant period in a Part 36 offer?
Usually, 21 days (including day offer is served) This of course varies by method of service.
What happens if an offer given les than 21 days before trial is accepted during trial (with court permission)?
Costs are determined by court if parties can’t agree. If not unjust, D pays amount in offer and Cs costs until date of acceptance.
What happens if an offer given les than 21 days before trial is accepted before trial?
Costs are determined by court if parties can’t agree. If not unjust, D pays amount in offer and Cs costs until date of acceptance.
Can Part 36 offers be used for cross appeals?
Yes
