Pt 36 Offers Flashcards
(45 cards)
A part 36 offer can be made in respect of what?
Whole, part, or issue that arises in claim/counterclaim/additional claim or an appeal or cross appeal
The party who make an offer is the ….
The party to whom an offer is made is the …
Offeror
Offeree
A part 36 offer can be made in respect of what?
Whole, part, or issue that arises in claim/counterclaim/additional claim or an appeal or cross appeal
If a PT 36 offer is made to accept or pay a sum of money, how will interest be treated?
Offer will be treated as inclusive of interest
Until relevant period expires or 21 days after date offer was made if made less than 21 days pre trial
In what situations will the court’s permission be needed to accept a pt 36 offer?
When a trial is already in progress
Certain situations not covered by rules relating to multiple Ds
What will the cost consequences be if an offer is accepted within the relevant period?
How will costs be assess in this scenario?
C will be entitled to the costs of the proceedings - including recoverable pre-action costs - UP TO the date on which notice of acceptance was served on the offeror
Costs will be assess on the standard basis if they have not been agreed by the parties
Can a pt 36 offer be accepted outside of the relevant period?
Yes, as long as offer has not been withdrawn then can be accepted (this may have happened automatically upon expiry of the RP)
BUT there will be COSTS CONSEQUENCES for accepting offer outside of the RP
What are the costs consequences if a pt 36 is accepted outside of the RP?
If costs have not been agreed between the parties then will be determined by the court
Court must order UNLESS it considers it UNJUST to do so that
C be awarded costs UP TO DATE on which RP EXPIRED; and
Offeree to pay offeror costs for the period from the date of expiry of the RP to the date of acceptance
What factors will the court consider in regard to if it would be unjust to make an order?
All of the circumstances
Including:
A. Terms of offer
B. Stage at which offer was made
C. info available to parties when offer was made
D. Conduct of the parties in giving/refusing information
E. Whether offer was a genuine attempt to settle
What will happen to the claim if a part 36 offer is accepted?
What if the pt 36 offer is only in relation to a part or particular issue?
Claim will be STAYED
Claim will be stayed as to that part/issue of/in proceedings
If permission requires the approval of the court, when will the stay take effect?
Takes effect when approval has been given
A stay following acceptance of a pt 36 offer will not impact the power of the court to do what? (2)
To enforce the terms of the offer
To make any costs orders needed
If the pt 36 offer is for a single sum of money to be paid to the C, when does the money have to be paid?
If the money is not paid within this time, what can the C do?
Within 14 days of the acceptance - unless parties agree otherwise in writing
If not paid then C can enter judgment for the unpaid sum
If the pt 36 offfer is for another remedy and C alleges that the other party has not honoured the terms of the agreement, what can the C do?
C may enforce terms without the need for a new claim
What rules apply if the C wants to accept an offer made by 1 but not all of the Ds?
if the Ds are sued jointly/in alternative — C can accept offer if they discontinue their claim against the D who has not made the offer and that D gives written consent
But if C alleges that the Ds have a serveral liability, then C can accept the offer and continue their claim agaisnt the other D
Other situations, needs courts permission
What is needed for a pt 36 offer in relation to a child to be accepted?
Need the approval of the court
Claim would be stayed until approval is obtained
When can a pt 36 offer be withdrawn?
How is a pt 36 offer withdrawn?
Only if the oferee has NOT already served notice of acceptance
How = be serving WRITTEN notice of the withdrawal on the offeree
How can a pt 36 offer be withdrawn after the expiry of the relevant period?
Normally will be the terms of the offer that it will automatically be withdrawn upon expiry of the RP
But if not, oferror can withdraw offer WITHOUT the permission of the court
Can a pt36 offer be withdrawn before the expiry of the RP?
Can be — but depends on the actions of the offeree
So can serve written notice of withdrawal, and upon the expiry of the RP
If the offeree has not serve a notice of acceptance = then upon expiry of the RP notice of withdrawal takes effect
But if the offeree does serve notice of acceptance before the expiry of the RP, then the acceptance will take effect — but can then apply to court
If a offeror has served notice of withdrawal but offeree has accepted the offer with the RP, what can the party do to avoid the acceptance taking effect?
Can apply to the court for permission to withdraw the offer—
Within 7 DAYS of the offeree’s notice of acceptance
Or if earlier, before the 1st day of the trial
What will court need to be satisfied of in order to grant permission for an offeror to withdraw an offer?
Court may give permission for the offer to be withdrawn if it is satisfied that there has been a CHANGE OF CIRCUMSTANCES since the offer was made and that it is in the INTERESTS OF JUSTICE to give permission
When can the terms a pt 36 offer be changed?
How can the terms of a pt 36 offer be changed?
Can only change terms if the offeree has NOT already served notice of acceptance
Offeror changes the terms of a pt 36 offer by serving written notice of the change of terms — notice takes effect when it is served on the offeree
When can a offeror change the terms of a pt 36 offer to be more advantageous?
How will this be treated?
Any point
Treated as the making of a new pt 36 offer, so upon service a new 21 days RP begins to run in relation to the ‘new’ offer
Can the terms of a pt 36 offer be changed, to a LESS ADVANTAGEOUS offer, after the expiry of the relevant period?
Yes, offeree may change terms — without the permission of the court
