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I just want some clarification on an issue i'm having with a Defendant insurer
P36 offer made on following terms -
We offer by way of CPR Part 36 £2600 in full and final settlement of [the whole of the claim or pain suffering and loss of amenity] and is inclusive of interest as set out in CPR Part 36.5(4). If you accept this offer within the relevant period which is 21 days your costs will be paid pursuant to CPR Part 36.20. This offer does not take into account a counter claim.
The Defendant has then paid £1950, claiming a deduction of 25% for contrib neg - due to lack of seatbelt
My view is that the offer was made in settlement of the whole case - therefore £2600 is what has to be paid, the Defendant disputes this.
I suppose my question is, if an offer is made by way of p36 in settlement of the whole claim, is that the sum that must be paid if it was accepted? Surely the Defendnt should have made an offer of £1950, or £2600 gross less 25% at £1950?
any views on this would be helpful
P36 offer made on following terms -
We offer by way of CPR Part 36 £2600 in full and final settlement of [the whole of the claim or pain suffering and loss of amenity] and is inclusive of interest as set out in CPR Part 36.5(4). If you accept this offer within the relevant period which is 21 days your costs will be paid pursuant to CPR Part 36.20. This offer does not take into account a counter claim.
The Defendant has then paid £1950, claiming a deduction of 25% for contrib neg - due to lack of seatbelt
My view is that the offer was made in settlement of the whole case - therefore £2600 is what has to be paid, the Defendant disputes this.
I suppose my question is, if an offer is made by way of p36 in settlement of the whole claim, is that the sum that must be paid if it was accepted? Surely the Defendnt should have made an offer of £1950, or £2600 gross less 25% at £1950?
any views on this would be helpful
