Q&As

If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in relation to both defendants if the claimant accepts the offer?

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Published on: 07 December 2018
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If only one of two defendants has made a part 36 offer and the claimant wishes to accept it, CPR 36.15 applies. If the defendants have been sued jointly or in the alternative, then in order to accept the offer, the claimant must discontinue against the other defendant and obtain their consent to accept the offer. If the defendants have several liability, the claimant can simply accept the offer and continue with it’s claim against the other defendant as normal.

If the offer is accepted within the relevant period then CPR 36.13(1) would generally apply so that ‘the claimant will be entitled to the costs of the proceedings (including their recoverable pre-action costs) up to the date on which notice of acceptance was served on the offeror’.

Where there is several liability and only the claim against the defendant who made the offer is settled, then the position

James Tunley
James Tunley

Lamb Chambers

James is a barrister (called to the Bar in 2005) specialising in employment, commercial and contractual disputes, professional negligence, personal injury and professional regulatory and disciplinary work. He has particular expertise and a wealth of experience in employment law, appearing for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal at all stages of proceedings and in all areas of employment law including unfair dismissal, discrimination, victimisation, trade unions, TUPE, breach of contract, and wages claims including the operation and enforcement of the National Minimum Wage Act 1998. He also has experience in contractual disputes, mostly in the employment context, and professional negligence in the context of the provision of legal advice and services. James has delivered seminars and training on a range of topics including enforcement of judgments, negligent misstatement and the National Minimum Wage Act 1998. He is a tenant at Lamb Chambers.

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United Kingdom
Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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