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And Do No Win No Fee Solicitors Use It?
In most accident claims, settlement is always an option and most no win no fee solicitors will always
strive to make this happen. Partially, this is due to the time constraint for both the victim of the
accident, and the negligent party considering that court hearings will take some time to be
While there is no law stating that settlement in any way is prohibited, there can be damages,
financial loss, and personal interests that may be jeopardized if not guided by the rules of the court.
Part 36 offers to settle in the prescribed form ensuring that the proposal is legal bounded. It should
not be a sign of weakness but an fitting way to end a dispute.
What is Part 36 and who can make it?
Part 36 is a proposal to try and to settle an accident claim. The offer can be made by the party filing
the claim whom in law is referred to as “claimant” or the party whom the claim is filed against also
known in law as the “defendant”.
When can Part 36 offer be made?
Part 36 offer can be applied in the following circumstances:
• An unpretentious offer to end and resolve the claim
• Claims involving money, non-money, and provisional
• Considers the entire claim or portion of the claim
• Addresses an issue that arises during the initial proceedings
• Forego acknowledgement of liability, and the probability of costs to be addressed later.
This means that any offer made to the accident claim lawyer in relation to the value of the
claim is not tantamount to admittance of liability.
• In consideration of counterclaims and some extra claims
Part 36 can be entered at any phase of the claim before or after litigations have started or during an
appeal to a judgment.
The party being offered with the Part 36 settlement has twenty-one days to accept it starting from
the date of its making. If after this duration the offer is rejected, the party who created the
settlement can withdraw it and continue with the proceedings as if Part 36 offer never existed.
If a party is undecided to beat the offer because of some clarifications an additional of seven days
can be required to properly address the bothering points of the offer.
The cost of Part 36 offer
Part 36 is aimed at putting pressure on a claim’s party to enter into a settlement and there are some
financial consequences from this.
If the offer is initially rejected but is accepted at a later time (after the 21 day grace period) the party
who accepted the settlement will be accountable in paying the legal cost incurred by the party who
made the offer. Depending on the duration of the delay in deciding to accept the settlement, the
awarded compensation claim may be shadowed by the legal costs.