Q&As

Where there is a claim and a counterclaim and one of the parties wants to make a Part 36 offer to settle both the claim and the counterclaim, is this a claimant's offer or a defendant's offer for the purposes of Part 36?

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Published on LexisPSL on 16/11/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where there is a claim and a counterclaim and one of the parties wants to make a Part 36 offer to settle both the claim and the counterclaim, is this a claimant's offer or a defendant's offer for the purposes of Part 36?

Where there is a claim and a counterclaim and one of the parties wants to make a Part 36 offer to settle both the claim and the counterclaim, is this a claimant's offer or a defendant's offer for the purposes of Part 36?

The standard Form N242 for Part 36 offers provides the option for the offeror to choose whether they are making a claimant's or defendant's offer. In the 'Important notes' at the end of the form, paragraph 5 gives the following summary:

'In summary, Part 36 provides that:

  1. A party making a defendant's offer is offering something to settle their opponent's claim, counterclaim, additional claim, appeal, cross-appeal or costs assessment proceedings and to accept a liability to pay costs.

  2. A party making a claimant's offer is offering to accept something to settle their own claim, counterclaim, additional claim, appeal, cross-appeal or costs assessment proceedings on terms that their opponent pays their costs.'

CPR 36.2(3)(a) confirms that you can make a Part 36 offer in respect

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