defending subrogation proceedings

[peeta]

Hi atticus could you shed some light why things may be done this way pls? is it cover small claims issue?

is this type of 'combined offer' is called 'calderbank' offer?

for cost implications on accepting and rejecting they are same as Part 36 offer alone ?

any reading material specific for this topic would also be helpful.

thanks

[atticus]

Q1. yes.
Q2. No. Calderbank and WPSAC are pretty much the same thing.
Q3. No. Part 36 is a specific code with specific rules.
Q4. Try Gordon Exall's 'Civil Litigation Brief' blog.

Rather than getting hung up on these details, why not concentrate on your customer's claim against you and decide whether you are going to settle or fight? You can always make a counter offer.

[peeta]

thanks atticus - yes, I am going to make counter-offer. but has that need to satisfy some rules too. i.e the we specify when the sum would be paid and if it is inclusive of any costs or not etc.

also wondering, why Part 36 offers have relevant period if the offer can be accepted any time before the trial ? as from my reading on this matter, looks like if claimants offer is accepted within the relevant period, defendants automatically has to pay claimants costs upto the date of acceptance.

And if they accept after the relevant period (provided offer is not withdrawn), then parties can negotiate ?

also we can let the relevant period lapse and then make a Part 36 offer ourselves?

[atticus]

If you accept a Part 36 Offer after the specified date, you can expect to pay more in costs. Have you read CPR Part 36?

Make your offer. Specify whether it includes costs. Specify when it will be paid, e.g. within 7 days of acceptance.

[peeta]

yes, I have been trying to read CPR 36.13 and my understanding is that

if we accept it within relevant period, we pay claimants costs automatically.

if we accept outside relevant period, courts has to order unless we can agree with claimants on costs.

by playing the waiting game, we can also make a Part 36 offer ourselves later as we are confident our case strong too..?

am I missing something pls?

[atticus]

The overwhelming likelihood is that if you try to accept a Part 36 Offer late, you will be ordered to pay all the Claimant's costs to that point. That is what rule 36.13(4) says.

If you are going to do something else, do it. Don't dither.

Do you think you have a strong case? If yes, why?

[peeta]

The overwhelming likelihood is that if you try to accept a Part 36 Offer late, you will be ordered to pay all the Claimant's costs to that point. That is what rule 36.13(4) says.

thanks atticus - same applies even if we accept within the relevant period as from the Part 36 offer it is not clear cost are included or not.

Simce we have already delivered part of the contract and the offer provided does not take that fully into account, we are confident, we can at least beat the cost of the offer in court as LiP against professional legal firm who is representing the Insurers (claimant).

We also think contract is not frustrated due to Covid as client kept it active post covid before unilaterally cancelling themselves. So, we can still provide them the services if they wish.

[atticus]

After more costs are incurred, costs can be expected to be higher.

[peeta]

Update: We made a counter offer by reply to the offer which the legal firm has accepted. So, I think our case was strong and they were just trying t o bully us..

Now, they have asked us to pay the money which wer are going to do, but wanted to ask

1) it must be within 14 days? we cannot now ask for instalments ?
2) also Part 36 offer and counter-offer and the virtue of acceptance created legal contract between both parties or does that need to be stamped by courts?

Thanks

[atticus]

Make your offer. Specify whether it includes costs. Specify when it will be paid, e.g. within 7 days of acceptance.

Did you not do this? If not, 14 days will be the default expectation.

[peeta]

No, we simply said our counter offer is £ xx in an email and they accepted it..--- we were not expecting them to accept it .-

so now negotiating the number of days is not an option and we have to pay within 14 days? or what will be the consequence (we can pay the amount though, but may be not within 2 weeks)

what is the legal position of this Part 36?is it a contract or need to be ratified by the courts?

what else we need to do when we pay up..inform the courts too?