part 36 offers defendant to claimant

[nochance]

When a claimant is a lip has never paid any legal costs or court fees only expert witness costs other than the capital sum offered by the defendant are there any other costs the lip can claim ?

[jaguarsuk]

When a claimant is a lip has never paid any legal costs or court fees only expert witness costs other than the capital sum offered by the defendant are there any other costs the lip can claim ?

If the claim is in the small claims track not unless there has been unreasonable conduct in the claim. I'd say if the Defendant is offering to pay up plus the expert witness fees you'd be well advised to agree settlement.

[Peridot]

If it is any other civil claim outside small claims however a LiP can claim their time in preparing their case. This link may help:- http://www.atjf.org.uk/litigant-in-person-costs.html

[nochance]

Claim Fast Track 5 figure offer trial date just over a month away their costs will
be over 20k if accepted could there be any claim from them if settled before courrt
can a lip ask for costs at reduced rate for their time case has been in court 2q.5 years papers 1 foot deep

[Peridot]

Hi Nochance,

By making a part 36 offer they are being tactical. The Courts expect parties to try and settle throughout the matter rather than incurring further costs having a trial/final hearing. Part 36 offers do have costs consequences if they are not accepted and the part making the offer goes on to win their case. More detail can be found here:- https://www.ashfords.co.uk/news-and-...part-36-offers

A part 36 offer has to be open for 21 days, after which time it can be withdrawn so you need to seriously consider a number of things:-
The exact terms of the offer they have made
The likelihood of your being successful at the final hearing
What the potential costs liability will be for you should you lose at the final hearing

If you do not accept the offer and then subsequently lose at trial then the Court will consider any offers when making a costs order. If you lose you potentially could be facing an indemnity costs situation (basically footing the bill for everything they claim they have incurred in costs and disbursements throughout the matter).

What sort of claim is it? No detail needed just a general idea is fine. If you accept the offer then that is the end of it. You would not be paying their costs at all. Has the offer you've received indicated they will pay your costs, in addition to the final settlement figure or is it a lump sum offer including costs in it?

Have you ever prepared a schedule of your costs before any previous hearing (if you've had one)? If the offer is for a sum plus costs you can accept it and then present them with your schedule of costs.

If costs are in addition to the settlement offer then you will need to prepare a schedule. It is best to include everything including time preparing court papers and case, travel expenses, phone calls, any other disbursements incurred such as the expert report you mention. You are unlikely to settle the costs for exactly the amount you claim and there will be further negotiation about this aspect.

Hope that helps but do post more information if needs be.

[nochance]

Thanks for your reply this is a SOG consumer case ,not easy for lip should have been multi track,the offer times out 3 days before trial if i stall they would have to
engage a barrister could the claimant have that burden to pay if the offer is
excepted late but within time,could they withdraw the offer before time out.
My thoughts were to ask for another 2k and end fight but the real deal is the
consumer loses what ever happens would it help if i type the 36 on forum
leaving tell tale parts out.

[nochance]

I have just read again they state they will pay reasonable court fees and no other
legal costs by any legal charging person the case for 2.5 years has been run on fee
remission there are no court fees,would half the expert witness fee be included in this by this move have they capped their liability,could you except the offer but reject the costs component.

[Peridot]

Hi again,

Well done for getting through this as LiP.
A Part 36 offer has to be on the table for 21 days with no change. The risk you have is after the 21 days, it can be changed or withdrawn at any time (so 3 days before final hearing it could be withdrawn)

They may well have instructed a barrister to represent them at the hearing by then but that would make no difference to the settlement offer, if you accept in time. They would be responsible for their own costs, whatever they may be, if the offer is accepted together with your settlement and any costs/disbursements you have incurred (do check the exact wording of the offer re costs and disbursements they are offering to cover). Once settlement is agreed that is it. The only thing left to do would be for the Court to be informed that settlement reached and to vacate hearing as matter finished.

It is always worth negotiating, you will get a feel very quickly if they are likely to budge. Can you call them? They will probably have taken advice from a barrister on the likely chances of them winning and that will be why they have pitched their offer where they have. Generally there is a bit of wriggle room so worth asking, but don't get too entrenched in getting more out of them. Consider the value of your claim and the consequences to you if you lost at the hearing and had to pay the other sides costs (which would include their barrister's instruction and attendance together with any further work they have completed in preparation for the hearing).

Hope that helps.

[Peridot]

Sorry I think we were both typing at the same time. Who instructed the expert and paid for it? I think that any disbursements would be reasonable as part of the settlement agreement and this would definitely be worth discussing with them.

With the settle amount offered is it a million miles away from the amount claimed? If push came to shove would you walk away from this albeit reluctantly but knowing you won't be stung for £20k costs in the event you lost the claim?

These are the sorts of things you need to weigh up to be able to make a decision on the offer. You could of course make a counter part 36 offer and if they don't accept and lose they would then be liable for your costs and disbursements. However there is always a risk with Court that things may not go your way. It is a stressful business and often whilst claims are ongoing does not allow an individual to move on.

Sorry the decision must be yours ultimately and knowing your case you are best placed to decide. Don't assume that because they have made an offer they have their purses open to negotiate thousands more for you to walk away. Try and keep focussed and consider the ramifications if you didn't accept the offer n the table and were to lose and how much that would cost you. Keep it clear in your mind the cost to continue and lose against what the lowest reasonable offer you would accept is for you, trying to keep the emotion out of it.

It is really tough but try and be pragmatic about it.

[jaguarsuk]

If the cost of the expert witness is not included in the offer and this is the only expense of yours due to not paying fees (other than time of course), why not contact them to explain that and if they were to include that costs you would be minded to settle. Faced with that information they may be more willing as they know you aren't just trying to sting them, but are covering the only real cost to you.