Q&As

Can defendant beneficiaries make a valid Part 36 offer given that any payment to be made under the offer would be paid from the estate (not the beneficiaries) and therefore, would not be available to be paid within the 14-day deadline for defendant Part 36 offers?

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Published on LexisPSL on 05/12/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can defendant beneficiaries make a valid Part 36 offer given that any payment to be made under the offer would be paid from the estate (not the beneficiaries) and therefore, would not be available to be paid within the 14-day deadline for defendant Part 36 offers?
  • Calderbank offer/letter

Can defendant beneficiaries make a valid Part 36 offer given that any payment to be made under the offer would be paid from the estate (not the beneficiaries) and therefore, would not be available to be paid within the 14-day deadline for defendant Part 36 offers?

CPR 36.6(2) provides:

‘…a defendant's offer that includes an offer to pay all or part of the sum at a date later than 14 days following the date of acceptance will not be treated as a Part 36 offer unless the offeree accepts the offer.’

This therefore suggests that an attempt to make a defendant Part 36 offer which states that the sum the defendant is offering to pay by way of settlement will only be payable after the 14-day period can only be treated as a valid Part 36 offer if the claimant accepts the offer. Therefore, if such an offer is made and rejected by the claimant, or simply ignored by the claimant, then it will

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