help needed with a part 36 cpr

[conchita]

Hi I'm new to the site and the forum. I'm currently taking a company to court for breach of contract and negligance. My losses have accrued to the value that puts me in the small claims category so I imagine I would be allocated to
the small claims track although this is not a certainty


I have just received from the defendant a copy of their defence and a part 36 offer to settle which was unsigned.

In my opinion the offer is too low however. I am aware that if decline the offer and fail to improve on that offer at court then I am liable to pay the defendant's costs ( which is pretty scary).

Am I right in assuming that this part 36 offer is only valid in fast and multi track cases, Also can this Part 36 offer be used against me at a later stage if it is unsigned. I would imagine this offer is not legal without a signature.

Am I legally bound to accept or decline the offer in writing, or can I simply ignore it because it has no legality without a signature?

[Endymion]

Re: help needed with a part 36 cpr

If the Part 36 offer is for less than £5,000 and for a non personal injury claim, then it will fall into the small claims track and so is, effectively, useless.

A Part 36 offer is designed to put the offeree at risk as to costs if they do not accept it and they then fail to beat the offer at Court, after the expiry of the offer.

As costs are not awarded in the small claims track then there are no costs consequences for not accepting it.

The only way it may have an effect on you is if you failed to beat their offer in Court and the offerer pleaded that they should be awarded costs from the date of the expiry of the offer, due to you not accepting the offer hen it was clearly a decent offer, however, I think this will fall on deaf ears in the Court - especially if you are a litigant in person.