Q&As

Where a claim has been settled under Part 36 but the paying party has failed to pay all monies due under the terms of the Part 36 settlement, how do you enter judgment for the outstanding sum?

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Produced in partnership with Leigh Callaway of Fladgate
Published on: 15 January 2018

It is not clear in this Q&A whether the Settlement referred to was concluded in the course of ongoing proceedings (as opposed to a pre-action settlement), or whether the terms of settlement were agreed by way of a consent order. Similarly, it is not clear what the settlement terms were or what the precise nature of the default has been. It has been assumed that settlement was reached in the course of ongoing proceedings, and by the usual exchange of without prejudice save as to costs correspondence sent in accordance with the provisions of CPR 36, and that the default is a simple failure to pay all of the principal settlement sum.

Upon the acceptance of a Part 36 offer, assuming it relates to the whole Claim, that claim will be stayed upon the terms of the offer (CPR 36.14(1)–(3)).

Leigh Callaway
Leigh Callaway

Fladgate

Leigh is a Senior Associate in the dispute resolution team at Fladgate LLP, specialising in commercial litigation, international arbitration and mediation.

He has a broad range of experience with a particular focus on banking and financial services litigation and civil fraud. Leigh’s practice also covers arbitration and more general commercial litigation work, often with an international element, including breach of contract, misrepresentation, warranty claims, and professional negligence.

Leigh is a co-founder and committee member of the Junior London Solicitors Litigation Association and the Commercial Litigation Associates Forum, and member of the Young Fraud Lawyers Association. He also writes regularly in the legal press, including the New Law Journal and the Solicitor’s Journal.

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

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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