Q&As

Can there be a Part 36 offer to multiple claimants by one defendant?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 26/02/2018

The following PI & Clinical Negligence Q&A produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Can there be a Part 36 offer to multiple claimants by one defendant?

Can there be a Part 36 offer to multiple claimants by one defendant?

In summary, the rules are silent on the question. But there is no reason in principle why, in an appropriate case, there should not be a single Part 36 offer to multiple claimants.

In general, there are two reasons why a claim might have multiple claimants:

  1. the claimants might each have their own claim alleging independent causes of action against the defendant arising out of a single set or related sets of facts (such as passengers in a motor vehicle or purchasers of defective products), and

  2. the claimants might have identical and congruent standing to bring a single claim (such as partners in a firm or joint holders of an interest in property)

In the first case, each claimant alleges their own damage; in the second case, a single incidence of damage

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