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Part 36

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  • Part 36

    Good evening to all
    Can someone please advise, in my claim the defendants offered a part 36 offer before proceedings, which I refused and issued the claim form, they accepted liability and offered the same amount into court, so already I've matched their offer, does this mean I have to better that offer to win a costs order, or have I won as I've equaled the amount, I know it looks like they may have dropped a clanger, I have read an read CPR 36 but can't make out if I've won or not, really apricate any and all help
    many thanks
    Tags: None

  • #2
    Has the court made a final decision on the case?

    I will add more later if no one else covers the point.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi Atticus,
      yes in my favour the judge said that because of the tone and aggression in the letter making of the offer that it doesn't think it's acceptable, they brought counsel in at a disposal hearing

      Comment


      • #4
        Sorry also, before the disposal hearing counsel made WAPSATC offer and because I declined that the judge made an order I pay his costs for the day out of my award

        Comment


        • #5
          This all seems to have been decided. So what advice do you think this forum can give?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Hi Atticus, I'm appealing the decision of the court it's a little complicated but the defendants were represented all the way through but have missed deadlines failed to show up for hearings and at the disposal hearing turned up with counsel who just went on about this part 36 offer which was rejected by myself but equaled the same amount at the hearing, but because I didn't get a more advantageous offer I've been hit with costs,
            Thank anyway

            Comment

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