Settlement

Question 1

When can a P36 offer be made?

Answer 1

Anytime (even before proceedings issued - no P36 consequences if accepted before CF is served)

Question 2

Valid P36 offer?

Answer 2

1. Writing (says p36 offer and specifies if applies to whole, part or counterclaim)
2. RP is min 21 days
3. Lump sum
4. Not made within 21 days of trial

Question 3

Significance of RPE

Answer 3

Cannot withdraw offer before RPE
P36 consequences after expiry

Question 4

How to accept P36 offer?

Answer 4

Writing
File at court and serve on offeror

Question 5

Consequences of accepting P36 within RP

Answer 5

D pays Cs costs until DDS of acceptance

Question 6

Consequences of accepting P36 after RP

Answer 6

If D made offer:
Until RPE = D pays Cs costs
Post RPE = C pays Ds costs until acceptance

If C made offer:
D pays Cs costs until acceptance

Question 7

Consequences of C not accepting D P36 offfer

Answer 7

If C awarded more: P36 does not take effect (apply GR)

If C awarded same or less or loses: C pays D’s costs + interest

Question 8

Consequences of D not accepting C part 36 offer

Answer 8

If C awarded less: P36 does not take effect (GR applies)

If C awarded same or more: until RPE GR applies. Post RPE C may be awarded interest on damages, interest on costs, costs on indemnity basis and lump sum (max 75k 10% up to 500k and 5% beyond)

Question 9

When is a consent order needed?

Answer 9

Parties reach settlement after issue of CF (if agree to settle before issue then just record in a settlement agreement)

Question 10

When should a Tomlin Order be used?

Answer 10

Want to keep somethign confidential
Agree to something court could not have ordered

Question 11

Effect of consent order?

Answer 11

Cannot bring proceedings in relation to the claim (D woudl have defence of esoppel)

Question 12

Procedure for consent order

Answer 12

1. Agree draft order
2. Apply to court (lifts stay)

Question 13

Contents of Tomlin Order

Answer 13

PART 1: ORDER (public): Action to be taken by court

PART 2: SCHEDULE (Confidential)

Question 14

Ways a claim may end

Answer 14

• Settlement
• Summary Judgment (no prospects + no reason for trial)
• Default judgment (missed deadline + met your deadlines + no app for SO or SJ)
• Strike out (serious procedural error, no reasonable grounds, vexatious)
• Discontinuance by C
• Admission

Question 15

Discontinuance

Answer 15

C ends claim.
Files notice + serves on ALL parties
Effective from DDS (D automatcially awarded costs on standard basis)

No court permission needed provided no interim payment or injunction