Part 36 offers template

[Brainmelt]

Is there an example of a part 36 offer template?
or link to a template?
so far i have found that to access a template you have to register with Practical Law - but i am not in the legal profession

Can anyone on here help/guide please.

[Amethyst]

To make a part 36 offer you just need to make it clear the consequences of refusal/acceptance and time limits ... I have got an example somewhere will try dig it out xxx

for now this may be useful
https://legalbeagles.info/wp-content.../n242a-eng.pdf

[Brainmelt]

Hi Amethyst

Grateful Thanks.

I appreciate your help.

[Brainmelt]

Hi Again

Is it better to submit to the claimant on a court form as per link example?

The matter in relation to service charges so would need to amend wording to suit.

Thanks

[Brainmelt]

Hi Amethyst

Found this example.

However, i am the defendant so can you help with re arranging some of the wording please? and do i need to send this if attachment letter with the 242a settlement form?


Hamblings Securities Limited 10 London Wall London EC2R 1RT


Dear sir,

Hamblings Securities Limited v Oscar Azevado: Claimant's Part 36 offer

The claimant??? (DO I PUT DEFENDANT HERE) has made a Part 36 offer, the terms of which are set out in the attached letter/FORM 242a dated ().

I am writing to explain the implications of a Part 36 offer to help you decide whether or not to accept this offer.

Part 36 is a provision in the Civil Procedure Rules (which govern the conduct of litigation in England and Wales). It aims to encourage parties to try to settle their disputes by setting out the costs consequences of offers to settle if they are made in accordance with Part 36.

Basically, if a party fails to accept a realistic offer made by the other side, it is at risk of being penalised in costs and interest at the end of the case. A Part 36 offer has to specify a period of at least 21 days within which you will be liable for the claimant's costs if you accept the offer (the relevant period). In this case, the relevant period will expire on ().

It is possible for the claimant??? (DEFENDANT) to withdraw or reduce the offer before then, but only with the permission of the court.

After the expiry of the relevant period, the claimant??? (DEFENDANT) can withdraw the offer at any time without the permission of the court by serving a notice of withdrawal. If the offer is withdrawn, it will not have the consequences set out in Part 36, although the court will take it into account when exercising its wide discretion regarding costs. As long as the offer remains open, you can accept it at any time before the start of the trial without the permission of the court.

After the trial has commenced the offer can be accepted only with the permission of the court.

EFFECT OF ACCEPTANCE OF OFFER (NEEDS REWORDING?)
If you accept the claimant's??? (DEFENDANT) offer within the relevant period, the claim will be stayed, and you will be expected to pay the amount which the claimant???(DEFANDANT) NOT CLEAR ON THIS SENTENCE has asked for in its offer within 14 days of accepting the offer. (If you do not honour the terms of the offer, the claimant could make an application to court to enforce the terms of the offer without the need for bringing a new claim.

IS THERE ANYTHING ELSE THAT NEEDS ADDING?

Thanks

[Brainmelt]

Hi

Please can a mod bump this query, to help with a response.

Thanks