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Part 36 Offers - Coggle Diagram
Part 36 Offers
Making
CPR 36.5
- Be in writing
- Made clear it is pursuant to p36
- Specify a period of not less than 21 days within which D will be liable for C's costs up to date of acceptance
- Relates to whole or part of claim?
- Takes into account any counterclaim?
-
-
-
Withdrawing
-
Relevant period expired
= can withdraw/change terms without court permission
Can be withdrawn automatically if terms state this (limited offer)
-
Relevant period not expired
= notice of withdrawal / change will take effect at end of relevant period (unless accepted during this time)
If accepted during relevant period, offer can either allow acceptance or apply to court for permission to withdraw/change terms within 7 days of notice of acceptance
Court will consider allowing withdrawal/change of terms if there has been a change in circumstances + it is in the interests of justice
Consequences
D's offer
C fails to obtain judgment more advantageous than D's offer
(compare p36 offer against quantum awarded + interest awarded up to end of relevant period)Penalties for C:
- C pays D's costs from date relevant period expired
- and interest on those costs
(unless court considers it unjust)
C's offer
C obtains judgment at least as advantageous as the offer made to D
(compare p36 offer against quantum awarded + interest awarded up to end of relevant period)Penalties for D:
- interest on award not exceeding 10% for some/all from the expiry of relevant period
- Costs from end of relevant period assessed on indemnity basis (not standard basis like normal)
- Interest on those costs at a rate not exceeding 10%
(unless court considers it unjust)