The following Personal Injury guidance note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this, see Practice Note: Part 36 Offers—pre-6 April 2015 [Archived].
The purpose and use of Part 36 offers remain very much as they have been since their inception: to encourage negotiation and resolution of claims or at least of issues in dispute between parties to claims.
Where the claimant has an admission from the defendant or judgment for damages to be assessed, a well-pitched Part 36 offer from the defendant will ensure that the claimant and their representatives have to give close consideration to the ultimate value of the claim.
With the introduction of qualified one-way costs shifting (QOCS) in personal injury cases, Part 36 offers have become an even more important part of defendant practitioners’ armoury, as a means of applying costs pressure on claimants. See Practice Note: Qualified one-way costs shifting (QOCS).
With the costs, damages and interest penalties provided by Part 36, there are a number of good reasons for a claimant to make well-pitched Part 36 offers to put the defendant under pressure.
Part 36 offers can be made at any stage of a dispute including before proceedings are commenced. They are also sometimes made even after there has been a judgment at first instance but the decision is the subject of an appeal. In those circumstances, the Part 36 offer made after the first instance decision will not be disclosed to the appeal court until after it has given its judgment.
The particular means by
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