You are on page 1of 1

ACCEPTED OFFERS e.g.

= 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

You might also like