You asked, we answered. Some of our client’s compensation claims have been settled by making a ‘part 36 offer’. So what is a part 36 offer and how does it work?
If your holiday accident and illness claim is brought within England and Wales, there are rules called Civil Procedure Rules (CPR) which govern all cases brought within this jurisdiction. As part of the court process parties are always encouraged to settle the matter at all stages of the case. There are various ways in which parties can reach an agreement, and one of these is by way of a part 36 offer and acceptance. This offer can be made by either party to try and settle the matter.
For the offer to be made in accordance with part 36 it must:
- be in writing;
- make clear that it is made pursuant to part 36;
- specify a period in which the receiving party is to accept the offer (this must not be less than 21 days);
- state if the offer relates to whole of the claim or to part of it and state whether it takes into account any counter claim.
Part 36 offers are often used as there are tactical advantages in making a formal offer to settle in this format. This part of the rules sets out costs and other consequences that a party will face if it refuses a reasonable offer to settle. Therefore, offers are often made in accordance with part 36 as it puts pressure on an opponent to settle the matter.
The consequences that may arise from part 36 offers often relate to costs and differ depending on which party makes the offer. It is a complex area and, therefore, it is important that clear advice is provided in order for the client to make an informed decision.
For examples of clients’ successful compensation claims, see our latest case studies here.
Sarah Moore is a personal injury litigation executive specialising in travel litigation at Slater and Gordon Lawyers in Manchester.
Slater and Gordon Lawyers offer a free consultation for people injured in an accident on holiday, or injured while travelling or working outside the UK.
Call our No Win, No Fee solicitors 24 hours a day, 7 days a week on freephone 0800 916 9046 or contact us online. From outside the UK please call +44 161 830 4446.