#4717 - Part 36 Offers - BPC Civil Litigation

PART 36 OFFERS Means for a party to make a formal offer to settle a claim - treated as without prejudice for liability and quantum but disclosed on Question of costs. Non-Disclosure at Trial Must not disclose to judge until issues of liability and quantum are determined * apply to court office in advance to remove all references to the offer. If disclosed - Judge may not withdraw if satisfied there will be no prejudice to the other side. Formalities If fails to comply with formalities, still valid offer but not Part 36 costs consequences Part 36 offer must: * be in writing - may be in letter * state on face that it is intended to have consequences of Part 36, * if made more than 21 days before trial - specify a period of 21 days+ in which Defendant (offeror) will be liable for Claimant's (offeree's) costs in accordance with r36.10 if it is accepted - "the relevant period" # "Relevant period" - time Offeror promises not to withdraw offer, and will be liable for offeree's costs. # If Claimant (offeree) needs more time to investigate, should ask Defendant (offeror) to consent to extending the period, failing this Claimant can apply to extend time for acceptance # if made less than 21 days before trial - relevant period is period up to the end of trial or such other period as the court may determine * state whether relates to whole or part of claim, or a particular issue within it, and if so identify which part/issue - eg. may relate solely to liability (r36.2(5)), and * state whether it takes into account any counterclaim. * State terms of offer including the costs consequences of acceptance * must be sufficiently precise to form valid contract on acceptance * Offer to pay single sum within 14 days of acceptance * if not - not a part 36 offer unless accepted * "single sum" inclusive of all interest to end of relevant period * PI claims - comply with requirements re recovery of benefits Technical Faults in Offer Significant departure from formalities - not a Part 36 offer Minor defects likely to be corrected by court under r3.10 Must state: * intended to have the consequences of Part 36, and