Part 36 offer in the small track prior to proceedings

[Oct19]

HI I have accepted a part 36 offer from the council, damage from a tree root to my wall. I accepted and sent it back with a schedule of costs. They are now saying that it is not valid because the claim would be in the small track (under 10,000). Looking at the CPR rules, there is no part 36 in a small track case but as this is prior to any litigation, it is still valid and if it is how do I enforce it?

[Pezza54]

Please read the article "Part 36 offers to settle" at www.pinsentmasons.com

You are correct. Part 36 offers are excluded on the small claims track
Part 36 offers can be made before court proceedings commence. There are strict rules about these offers, for example made "without prejudice except as to costs"

You are also correct that any court claim you may make has yet to be allocated to a track

You should carry on and make your Part 36 offer to settle the dispute before starting a court claim if necessary

[atticus]

You can reply that as your claim had not been allocated to the Small Claims Track, the rules for that track do not apply.

You might search in the 'Civil Litigation Brief' blog. I expect that the point has been covered and written up there.

[Oct19]

Hi thanks for the responses, the council have made the offer and I have accepted. They made the offer prior to any proceedings. They have not settled - so is my next step to enforce it and issue proceedings? thanks

[Pezza54]

I understand what the council is implying. Accept this offer as full and final settlement or take us to court. If you take the council to court your claim will be under £10k and most likely allocated to the small claims track. On this track you won't be awarded your legal costs