1. An offer made under Part 36 can be accepted by the offeree in writing at any time during the "relevant period", which is usually between the date the offer is made and the end of trial.
2. If accepted within the relevant period, the offeror will pay the offeree's costs on the standard basis up until acceptance.
3. After trial has started, the court's permission is required for any acceptance of a Part 36 offer.
1. An offer made under Part 36 can be accepted by the offeree in writing at any time during the "relevant period", which is usually between the date the offer is made and the end of trial.
2. If accepted within the relevant period, the offeror will pay the offeree's costs on the standard basis up until acceptance.
3. After trial has started, the court's permission is required for any acceptance of a Part 36 offer.
1. An offer made under Part 36 can be accepted by the offeree in writing at any time during the "relevant period", which is usually between the date the offer is made and the end of trial.
2. If accepted within the relevant period, the offeror will pay the offeree's costs on the standard basis up until acceptance.
3. After trial has started, the court's permission is required for any acceptance of a Part 36 offer.
= multi track claim Withdrawal / changing offer so
it's less advantageous to offeree Offer - inclusive of interest Need court's permission before Made when served - If offeree legally represented must serve on legal rep, using any prescribed expiry of relevant period. method. Offer accepted Serve written notice on offeree. Parties agree costs If not served and make 2nd offer, in writing there are 2 live offers liability; OR state intended to have costs consequences of part 36 Court makes costs if made at least 21 days before trial: specify relevant period Acceptance order state whether claim relates to whole / part / issue + which part / issue If trial has started, need File and serve written notice state whether takes into account counterclaim court's permission to accept Generally don't need court's Should be: clear and certain, especially on whether in 'full and final settlement' or just on some issues permission Need permission if: Clarification multiple Ds: offer made by Offeree requests within 7 days of service of offer. If offeror doesn't respond in 7 days of receipt, can some but not all Ds except if: apply for order that offeror complies o Ds sued jointly / The relevant period in alternative - Offer made less than period from date of C abandons Disclosure CMC offer to end of trial 21 days before trial… report Pre-trial checklist court can extend Judgment claim against D NOT making the offer AND those Ds give written consent The relevant period o Ds severally Offer made 21 days minimum 21 days TRIAL liable - C can court can extend accept offer or more before trial… can be as little as 21 Can only accept from 1 D and days before trial after trial and continue with before claims against judgment if others Offer accepted outside the parties agree PI: offer includes deductable relevant period benefits and benefits paid to C Parties agree costs since offer liability; OR If trial has started, need apportionment in fatal accident Court makes costs court's permission to claim D pays 100% of C's costs on standard basis order - usually: C gets accept any party is a child / PP standard-basis costs trial has started Offer accepted up to expiry of relevant Can accept at any time before within relevant period and offeree pays service of notice of withdrawal. period - C gets offeror's costs from 100% standard- expiry of relevant Effect of acceptance is that claim basis costs up period to acceptance is stayed on terms of offer. to notice of (court may depart if acceptance unjust) D must pay within 14 days of acceptance D pays C's costs on standard basis Offeror pays offeree's costs