Q&As

Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.

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Produced in partnership with Mr Tom Montagu-Smith, QC
Published on LexisPSL on 15/07/2016

The following Dispute Resolution Q&A produced in partnership with Mr Tom Montagu-Smith, QC provides comprehensive and up to date legal information covering:

  • Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.

Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.

When a Part 36 offer which relates to the whole of a claim is accepted, the claim is stayed on the terms of the offer:

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