Part 36 Offer to Settle: Beware the consequences of withdrawing the offer
Jul 2, 2015
Beware - this can mean a bigger bill for the ‘loser’.
News & Blogs
Beware - this can mean a bigger bill for the ‘loser’.
Part 36 of the Civil Procedure Rules (the rules of procedure used by the courts) is designed to encourage parties to settle by making offers. Part of the encouragement is the prescribed costs consequences if an offer is not accepted or beaten at trial.
The High Court has refused to grant indemnity costs (which would benefit the ‘winner’), where a Part 36 offer was not accepted and was withdrawn 21 days after it was made. At trial, the claimant beat her own offer and sought indemnity costs. The Part 36 consequences no longer applied because the Part 36 offer had been withdrawn. A withdrawn Part 36 offer could play a part in assessing the reasonableness of the defendant’s conduct, but it’s not comparable with a “living Part 36 offer” just because it had been beaten. Gulati and others v MGN Ltd [2015] EWHC 1805 (Ch) (24 June 2015) (Bailii).
For help with this and other dispute resolution issues contact Keith Hardington via kh@walkerfoster.com or 01756 700200.
When a dispute arises between two parties, it’s not as simple as going straight to court. Before formal legal proceedings can begin, there are pre-action conduct requirements that must be followed.
Many business owners encounter commercial disputes at some stage, as disagreements are a natural part of running a business. In most cases, issues can be addressed and resolved internally through open communication and practical problem-solving.
When informal promises are made within families, they can shape lives and long-term decisions. But when those promises are broken or ignored, and formal legal arrangements are lacking, the result can be emotional, complex and financially devastating.
Planning for the future can feel daunting, but preparing a Lasting Power of Attorney (LPA) is a straightforward step to help you protect your interests and provide clarity for loved ones. In this comprehensive lasting power of attorney guide, Walker Foster’s expert solicitors explain what a power of attorney is, how to set one up and how they can provide peace of mind for you and your family.
Craven House, Newtown, Barnoldswick, BB18 5UQ
First Floor, 7 Victoria Avenue, Harrogate, HG1 1EQ
27 Riddings Road, Ilkley, LS29 9LX
Century House, Northallerton, DL6 2XQ
The Old White Horse, Market Place, Settle, BD24 9EF
63 Kirkgate, Silsden, Keighley, BD20 0PB
3 High Street, Skipton, BD23 1AA