Q&As

If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate proceedings need to be issued by the first defendant against the second defendant to decide the liability issue?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 15/07/2019

The following PI & Clinical Negligence Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate proceedings need to be issued by the first defendant against the second defendant to decide the liability issue?

If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate proceedings need to be issued by the first defendant against the second defendant to decide the liability issue?

In this Q&A, the claim brought against the two defendants is for the same loss and they are jointly and severally liable.

If the Part 36 offer is accepted, then it is open to the first defendant to pursue the second defendant for recovery. The question does not state whether the first defendant has already made a claim pursuant to CPR 20 as part of their defence. A Part 20 claim is any claim other than a claim by a claimant against a defendant, so includes a counterclaim by a defendant against the claimant as well as a claim by one defendant against another. If a Part 20 claim has already been made, then this will not be resolved by a Part 36 offer made by the

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