Accepting a Part 36, when still being treated.

[saddad84]

I had an RTA in 2018, liability has been accepted by the other driver.

I am still receiving treatment, in relation in shoulder issues resulting from the RTA, and I had an operation a few months ago to try to improve the overall situation. I am still on the care of a specialist for a subacromial decompression operation I had a couple of months ago.

The issue I have is I have been presented with a 36 offer that expires next week.

Having received the email from my solicitors, and reading how I could / would be liable for all the fees should we not obtain a higher figure in court has made me feel ill and have really struggled to decide what I should do.

My question is would the part 36 would stand up in court on the basis that I am not in a position to make a decision until I have been discharged from the care of the shoulder specialist, as he has told me that I may still need a steroid injection.

[atticus]

What does your solicitor advise?

Part 36 is tricky and there are endless cases about it. You would be wise to make your decision within the stipulated time. Doing anything else is taking a big risk.

[saddad84]

Hi, thank you for the reply.

My solicitor is essentially saying it is down to me, as we "do not have medical finality". it is this that makes me concerned, I was more interested to understand if the risks of not accepting part 36 would be null and void based on the fact that I am still in a period of treatment following a recent operation.

[atticus]

As, I said

Part 36 is tricky and there are endless cases about it. You would be wise to make your decision within the stipulated time. Doing anything else is taking a big risk.

[atticus]

To get a flavour of why I said what I have said, click on this search for "Part 36" in the 'Civil Litigation Brief' blog: https://www.civillitigationbrief.com...&submit=Search

[saddad84]

Interesting, today my solicitor has received a corder Bank offer for slightly more than the part 36.

I am in the mindset to accept. I had a sleepless night, I can only imagine alot more sleepless nights if I proceeded to court.

[saddad84]

Calderbank offer V part 36 , what is the main difference?

[atticus]

Does your solicitor not advise on something so important to his client?

https://www.civillitigationbrief.com...&submit=Search

[atticus]

I am in the mindset to accept. I had a sleepless night, I can only imagine alot more sleepless nights if I proceeded to court.

That is important, and not to be overlooked as a reason to settle. But if you do, no regrets afterwards.

[saddad84]

" if this offer is accepted the Defendant will be responsible for the Claimant’s reasonable costs to be assessed in default of agreement." Gosh, I not great at English.. which does this essentially mean.

[atticus]

This appears to be much the same in relation to costs as a Part 36 Offer.

But you really need to get your solicitors to give you clear advice. There is obviously a reason why the other party has done this 2 different ways. The 2 offers need to be analysed and understood. On the limited information you have given, we cannot offer further comment.

[Carlybird]

I am in a similar situation and atticus has already kindly reponded to my query. Sorry to jump in here and apologise if I have done the wrong thing. I have suddenly been made what I consider to be a low offer for injuries received in a RTA almost 5 years ago. I never instructed the Solicitor in the first place, they contacted me. I was told that I had a good claim etc etc. But they are now dropping me like a lead balloon, saying it won't stand up in Court.
They are saying that in addition to their fee, I could be liable for treatment cost reimbursement.
This has come out of the blue and I am panicking, as have a week to decide. It should have been 21 days, but I only received the letter with 13 days to the deadline.
Can anyone help please?

[charitynjw]

I am in a similar situation and atticus has already kindly reponded to my query. Sorry to jump in here and apologise if I have done the wrong thing. I have suddenly been made what I consider to be a low offer for injuries received in a RTA almost 5 years ago. I never instructed the Solicitor in the first place, they contacted me. I was told that I had a good claim etc etc. But they are now dropping me like a lead balloon, saying it won't stand up in Court.
They are saying that in addition to their fee, I could be liable for treatment cost reimbursement.
This has come out of the blue and I am panicking, as have a week to decide. It should have been 21 days, but I only received the letter with 13 days to the deadline.
Can anyone help please?

This seems like a Calderbank offer (Without prejudice save as to costs).
Part 36 offers are not time limited in this way.

[atticus]

I need to correct 1 point in the previous post. Part 36 Offers MUST specify a period of time within which they may be accepted. This must be not less than 21 days, so 21 days is usual. CPR 36.5(1)(c).

Carlybird should notify the other party of the date of receipt and request an extension of time for a response to the offer.

[Carlybird]

atticus many thanks for that I didn't release I could do this.