Q&As

If you make a Part 36 offer to settle detailed assessment proceedings under CPR 47, do you call the offer a Part 36 offer or a Part 47 offer?

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Published on LexisPSL on 10/11/2016

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

  • If you make a Part 36 offer to settle detailed assessment proceedings under CPR 47, do you call the offer a Part 36 offer or a Part 47 offer?
  • Part 47
  • Part 36

If you make a Part 36 offer to settle detailed assessment proceedings under CPR 47, do you call the offer a Part 36 offer or a Part 47 offer?

Part 47

The court will usually summarily assess the costs associated with the detailed assessment at the conclusion of those proceedings (CPR 47.20(5)). Before and during the course of detailed assessment it is open to either party to make an offer to settle or to initiate settlement negotiations. Reaching a settlement saves the time and cost of detailed assessment proceedings.

When considering settlement in detailed assessment proceedings, the relevant CPR provisions are found in CPR 47.20(4) which provides that the general rules in relation to costs found in CPR 36 and CPR

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