Settling out of Court, two Defendants

[Guest]

I have been helping my daughter with her claim against Tui (holiday) and M&S Bank (Section 75) as second defendant.

Tui have e-mailed asking to settle out of court* My daughter accepted because its a good offer, full price of the holiday plus court fees (she didn't ask for costs of preparing case and she's deferred on £200 taxi). Now we're getting confused ....looking through old postings on Legal Beagles, it looks like she would simply write to the court saying the matter has been settled out of court. Reading the Handbook for Litigants in Person (accessed via Legal Beagles), there is quite a bit about 36 and non 36 offers. Can someone clarify please.

Re the second defendant - what should she do, given that they appointed solicitors who are looking to recover their costs from Tui?

Thank you for any information

*The offer is "Without prejudice save as to costs"

[jaguarsuk]

Does the offer to settle state that it is a part 36 offer? If it doesn't then it isn't.

Either way it doesn't matter if your daughter is going to accept it because it will never have any consequences at a hearing when costs are being decided.

She needs to confirm that she will accept the offer as 'full and final settlement' of the claim and upon payment of the sum in the offer she will issue a notice of discontinuance to the court.

Once the money is in the bank she'll need to complete and send form N279 to the court.

Regards M&S it's up to them to seek redress for their loss directly with TUI, it's nothing to do with your daughter.

[Guest]

Does the offer to settle state that it is a part 36 offer? If it doesn't then it isn't.

Either way it doesn't matter if your daughter is going to accept it because it will never have any consequences at a hearing when costs are being decided.

She needs to confirm that she will accept the offer as 'full and final settlement' of the claim and upon payment of the sum in the offer she will issue a notice of discontinuance to the court.

Once the money is in the bank she'll need to complete and send form N279 to the court.

Regards M&S it's up to them to seek redress for their loss directly with TUI, it's nothing to do with your daughter.

Thank you, greatly appreciated

[Guest]

On 2 Sept, my daughter accepted an offer to settle out of court but the Defendant hasn't paid the money (now 20 Sept) so my daughter hasn't issued the Notice of Discontinuance.

The trial date is 27 Sept. The offer is "Without prejudice save as to costs". Does this mean that if the Defendant doesn't pay her the money, my daughter can't disclose in Court that an offer to settle was made and she accepted?

Thank you

[jaguarsuk]

No she can only show the offer after judgement has been determined when discussing costs.

[Guest]

Thank you, much appreciated