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A part 36 offer was made by my solicitor to the other party, it was agreed and accepted without question. It has now been over a month since the payment deadline and still no funds received, now my solicitor is advising I just wait as bringing a judgement for non payment will leave me out of pocket and probably take longer than for it to naturally resolve. Is this right? Are the other party allowed to miss the deadline and face no consequences? How do I go about entering the judgement by myself to keep the costs down?
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Remind your solicitor of CPR Part 36 rule 14(7):
https://www.justice.gov.uk/courts/pr...s/part36#36.14Lawyer (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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Originally posted by atticus View Post
Hi,
Can I ask you a question please?
My solicitor made a Part 36 Offer to the other side's solicitor at 7pm last Tuesday 25th July.
I understand the other side have 7 days to seek clarification of the Offer.
Does the 7 days includes weekends? Did the 7 days end yesterday or does it end tomorrow? Does it also make a difference if the Part 36 Offer was made at 7pm?
Thanks,
MaxComment
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Calculation of time is covered by CPR 2.8: https://www.justice.gov.uk/courts/pr...les/part02#2.8Lawyer (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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Thanks so much! I still don't understand. If Part 36 Offer was served in the evening of Tuesday 25th July, then would the 7 days expire yesterday on 1st August, or because of the weekend would the 7 days expire tomorrow Thursday 3rd July.Originally posted by atticus View Post
ThanksComment
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Read the examples in CPR 2.8. Here's mine:
Day 1 - 7 clear days (including weekends, bank holidays, birthdays etc) - Day 9 is the day by which whatever must be done.
Are your solicitors not able to explain this?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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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My solicitor is away. Thank you for clarifying, so I am understanding that the other side have until tomorrow to ask us to clarify our Part 36 offer?Originally posted by atticus View Post
ThanksComment
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do you think it needs clarification?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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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