Q&As

What steps should a claimant take where, during fast track proceedings still in the County Court Money Claims Centre, the defendant makes a Part 36 offer that the claimant wants to accept? Specifically, is there any formal notice of acceptance that needs to be sent to defendant, or will a letter suffice? Does the claimant need to apply to court on Form N244 for approval of the consent order or Tomlin order incorporating the terms of the settlement? Is it necessary to ask the defendant to confirm its agreement in writing to the court? How should the matter of costs be dealt with?

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Produced in partnership with Ryan Turner of Atkin Chambers
Published on: 28 May 2020
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Where a party wishes to accept a Part 36 offer, CPR 36.11(1) requires that the party simply accepts by ‘serving written notice of acceptance on the offeror’. This is supplemented by CPR PD 36, para 1.2 which notes that any notice of acceptance must be served on the offeror’s legal representative (if appointed and on the record). A party seeking to accept the offer can complete the ‘Notice of Acceptance’ which is included as an

Ryan Turner
Ryan Turner

Atkin Chambers

Called to the Bar in 2016, Ryan previously worked as a paralegal at regional and global law firms in corporate and private client departments. He has also acted as an advocate for the Communities Empowerment Network, representing secondary school pupils at risk of permanent exclusion.

Ryan presently takes instructions in all of Chambers' practice areas, including commercial, property and personal injury disputes. He regularly appears in the County Court in trials and interlocutory applications and has an active court-based practice.

Ryan has been involved in several disputes arising out of large national and international infrastructure projects. He is familiar with a broad range of standard form and bespoke contracts used for such projects, including the JCT, NEC and FIDIC forms. Ryan also has experience in claims brought by or against the National House Building Council, the market-leading insurer and warranty provider for new-build and refurbished properties in the UK.

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Jurisdiction(s):
United Kingdom
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Key definition:
Claimant definition
What does Claimant mean?

A person who brings a claim.

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