Q&As

Where no proceedings have been issued, but a valid offer under CPR 36 has been made and then accepted, what does the Part 36 offeror have to do to obtain a costs certificate/order in the event that the offeree does not pay the costs?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 09/09/2020

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where no proceedings have been issued, but a valid offer under CPR 36 has been made and then accepted, what does the Part 36 offeror have to do to obtain a costs certificate/order in the event that the offeree does not pay the costs?

CPR 36 contains a self-contained procedural code about offers to settle made pursuant to the procedure set out in that part. It has been amended on numerous occasions and poses significant procedural issues for the unwary litigator. CPR 36.5 sets out the requirements for a valid Part 36 offer, which, if accepted within the relevant period which provides that this is, where the offer is made not less than 21 days before trial, the period of at least 21 days required by CPR 36.5(1)(c) or otherwise, the period up to the end of the trial) will make the defendant liable for the claimant’s costs in accordance with CPR 36.13 (or CPR 36.20 where that applies). Where a Part 36 offer is not accepted and the claimant obtains a more favourable judgment there are draconian consequences, as set out in CPR 36.17.

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